Frank Wolschlager, Jeffrey Wolschlager, Petitioners Vs. Township Of Sheridan, Respondent
- Petitioner
- Frank Wolschlager, Jeffrey Wolschlager
- Respondent
- Township Of Sheridan
Case overview
- Docket number
- 24-003519-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Huron
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 5 | Order of Dismissal | Not recorded | Not recorded | 09/23/2024 | Not recorded | Download |
| 4 | Motion to Withdraw Appeal was received. | Not recorded | Not recorded | 09/13/2024 | $0.00 | Download |
| 3 | Petition has been verified | PET | 1 | 09/23/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/23/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/30/2024 | $25.00 | Download |
Documents
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Frank Wolschlager,Jeffrey Wolschlager, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003519 Township Of Sheridan, Respondent. ORDER GRANTING JOINT MOTION TO WITHDRAW ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that the parties have filed a Joint Motion to Withdraw the appeal. Therefore, IT IS ORDERED that the parties’ Joint Motion to Withdraw is GRANTED. IT IS FURTHER ORDERED that this case is DISMISSED. This Order resolves all pending issues and closes the case. By:_____________________________________ Patricia L. Halm, Tribunal Chair Entered: September 23, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Frank Wolschlager,Jeffrey Wolschlager, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003519 Township Of Sheridan, Respondent. ORDER GRANTING JOINT MOTION TO WITHDRAW ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that the parties have filed a Joint Motion to Withdraw the appeal. Therefore, IT IS ORDERED that the parties’ Joint Motion to Withdraw is GRANTED. IT IS FURTHER ORDERED that this case is DISMISSED. This Order resolves all pending issues and closes the case. By:_____________________________________ Patricia L. Halm, Tribunal Chair Entered: September 23, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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RECEIVED ~ Dept of Treasury Received SEP 2 0 2024 SEP 16 2024 MICHIGAN TAX TRIBUNAL oo Mail Lansing Mich STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Jeffrey & Frank Wolschlager MICHIGAN TAX TRIBUNAL Petitioner(s) Vv MTT Docket No. 3 files mailed on 7/30/24 Angie Guza, Assessor Sheridan Twp, Huron Cly | Respondent(s) JOINT MOTION TO WITHDRAW APPEAL 1. Petitioner wishes to withdraw its appeal in the above-captioned docket. 2. Good cause exists to grant withdrawal because: Parties have amicably resolved the issue. 3. Respondent has no objection to Petitioner's request to withdraw the appeal. 4. The parties ask this Tribunal to grant Petitioner's request to withdraw the appeal and dismiss the above-captioned docket. Cle Frm, September Ir: , 2024 Petitioner/Represenfétive (sign here) Date Dallas Rooney [Print/type name of person signing] wi Mo September / , 2024
Page 2
SENDER: COMPLETE THIS SECTION. ® Complete items 1, 3, and 3. B Print your name and address on the reverse so that we can return the card to you. A. Signature X COMPLETE THIS SECTION ON DELIVERY © [I Agent TJ Addressee * a Attach this card to the back of; Ce, ar on the front if space ei » i 03 ueBy B. Received by (Printed Name) C. Date of Delivery 1. Article Addressed to: Ris Ph To Wega Ok AN “: nv iigpry address different from item 1? 3 Yes y enter delivery address below: J No (bv, WMI Y on i mmm | 1a 2 ‘Article Number (Transfer from service label) . 7022 3330 0000 49082 19k7 Service Type * Adutt Signature ‘Aduit Signature Re Certified Mall® Certified Malt Rest + Coliect on Delivery Gollest on Delivery Restric ca VBI 7g Mall d Mail Restricted Deivver, 3500) 7s Form 3811, July 2020 PSN 7530-02-000-9053 — Domestic Return Receipt UsPs TRACKING # 9590 9402 8834 ynfy FREE 84 First-Class Mail Postage & Fees Paid Usps B Permit No. G-10 Il United States Postal Service 129 Sender. Please print yourganme, address, and TFs in Ts box* Dallas Rooney PLLC Bad Axe, Mi 48413 . Heisterman dpfibgffogdsfiji sili fii fio]
Page 3
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CERTIFIED MAIL Dallas Rooney PLLC ; 129 N. Heisterman * Bad Axe, Michigan 48413 Retail Lik BAD = SEP 7022 3330 0000 4902 LA29 moms 48909 $9 RDC 99 $23 3 } 3 = UNITED STATES PosTaL Services Michigan Tax Tribunal & x = P.O. Box 30232 = S.-Y Lansing, Michigan 48909 5 «© &G CER iE 3 L = 8 = FOR USE ONLY WITH IMpb SHIPPING LABEL B w 2 = a N, January 2014 > moes I LPR [RR TH TI RT A
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J RECEIVED = AUG 07 2024 STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this document, you may be placed in default. Section 1: Petitioner’s Contact Information First Name M.I. Last Name/Company Name Jeffrey & Frank Wolschlager Mailing Address (No., Street, P.O. Box or Rural Route) 1100 W. Wadsworth City or Town State ZIP Code Bad Axe MI 48413 Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information } First Name M.I. Last Name Dallas Rooney Firm Name (if an "Dallas Rooney PLLC Address (No., Street, P.O. Box or Rural Route) 129 N. Heisterman City or Town State ZIP Code Bad Axe MI 48413 Fax Number Telephone Number 989-269-9276 989-803-5903 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) dallas@rooneylaw.org
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 3: Subject Property Information Parcel Identification Number: 3224-014-016-00 How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [7] vest [Jl No** appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels. 1 **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] N/A Taxing Authority (City or Township) County Sheridan Township Huron Classification of Property: Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Section 4: Check which of the following you are appealing O Principal Residence Exemption [| Qualified Agricultural Exemption Section 5: Explain the Reason for this Appeal Two brothers (petitioners) received land from their mother via quit claim deed. Unsophisticated and unrepresented farmers (petitioners) mistakenly believed they did not have to file new qualified agricultural affidavits as the land is actively involved in dairy and crop farming. Within three days of retaining counsel all PTA's and affidavits were filed and recorded to rectifying the situation. Section 6: Jurisdictional Issues List the tax year(s) denied: 2024 Indicate who denied the exemption under appeal:
Page 3
er STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Signature *required Cl FE Representative’s Signature: Isl
Page 4
July 8, 2024 Jeffrey & Frank Wolschiager 1100 W Wadsworth Rd Bad Axe, Mi 48413 RE: Property Transfer Dear Jeffrey and Frank Woischlager, The deeds recorded 11-22-2023 and 12-13-2023 are considered a transfer of ownership. Ina letter fo you dated 1/24/2024, it was explained that property transfer affidavits and Qualified Ag Affidavits form 3676 had not been received by this office. Subsequent email correspondence with Linda Main representing you did not result in any such documents being filed. Therefore, by statue, the taxable values of the properties uncap for the 2024 assessment roll. Because the 2024 assessment roli has already been certified this is considered to be a delayed uncapping due to the failure of the buyer to timely file a Property Transfer Affidavit, which is a correction that is not taken to either the July or December Board of Review. To correct the assessment roll for 2024, Form 3412, Affidavit Regarding “Uncapping” of Taxable Value, has been filed for each of the 10 parcels included in the deeds. This letter serves as notice to you, the grantees, that [ have determined that a transfer of ownership occurred in 2023 and taxable values must be uncapped for 2024. Per MCL 211.27b, the buyer has the right to appeal this matter by sending petition to the Michigan Tax Tribunal, PO Box 30232, Lansing, Mi 48909 within 35 days of this notice. Enclosed is a copy of the letter dated 1/24/2024 as well copies of Form 3214. if you have any questions, please contact me via phone (989)658-8651 or email guza.angie@gmail.com. Thank you, jj hgela Guza, Assessor
Page 5
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Frank Wolschlager,Jeffrey Wolschlager, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003519 Township Of Sheridan, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 23, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Frank Wolschlager,Jeffrey Wolschlager, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003519 Township Of Sheridan, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 23, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
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Page 1
J RECEIVED = AUG 07 2024 STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this document, you may be placed in default. Section 1: Petitioner’s Contact Information First Name M.I. Last Name/Company Name Jeffrey & Frank Wolschlager Mailing Address (No., Street, P.O. Box or Rural Route) 1100 W. Wadsworth City or Town State ZIP Code Bad Axe MI 48413 Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information } First Name M.I. Last Name Dallas Rooney Firm Name (if an "Dallas Rooney PLLC Address (No., Street, P.O. Box or Rural Route) 129 N. Heisterman City or Town State ZIP Code Bad Axe MI 48413 Fax Number Telephone Number 989-269-9276 989-803-5903 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) dallas@rooneylaw.org
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 3: Subject Property Information Parcel Identification Number: 3224-014-016-00 How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [7] vest [Jl No** appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels. 1 **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] N/A Taxing Authority (City or Township) County Sheridan Township Huron Classification of Property: Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Section 4: Check which of the following you are appealing O Principal Residence Exemption [| Qualified Agricultural Exemption Section 5: Explain the Reason for this Appeal Two brothers (petitioners) received land from their mother via quit claim deed. Unsophisticated and unrepresented farmers (petitioners) mistakenly believed they did not have to file new qualified agricultural affidavits as the land is actively involved in dairy and crop farming. Within three days of retaining counsel all PTA's and affidavits were filed and recorded to rectifying the situation. Section 6: Jurisdictional Issues List the tax year(s) denied: 2024 Indicate who denied the exemption under appeal:
Page 3
er STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Signature *required Cl FE Representative’s Signature: Isl
Page 4
July 8, 2024 Jeffrey & Frank Wolschiager 1100 W Wadsworth Rd Bad Axe, Mi 48413 RE: Property Transfer Dear Jeffrey and Frank Woischlager, The deeds recorded 11-22-2023 and 12-13-2023 are considered a transfer of ownership. Ina letter fo you dated 1/24/2024, it was explained that property transfer affidavits and Qualified Ag Affidavits form 3676 had not been received by this office. Subsequent email correspondence with Linda Main representing you did not result in any such documents being filed. Therefore, by statue, the taxable values of the properties uncap for the 2024 assessment roll. Because the 2024 assessment roli has already been certified this is considered to be a delayed uncapping due to the failure of the buyer to timely file a Property Transfer Affidavit, which is a correction that is not taken to either the July or December Board of Review. To correct the assessment roll for 2024, Form 3412, Affidavit Regarding “Uncapping” of Taxable Value, has been filed for each of the 10 parcels included in the deeds. This letter serves as notice to you, the grantees, that [ have determined that a transfer of ownership occurred in 2023 and taxable values must be uncapped for 2024. Per MCL 211.27b, the buyer has the right to appeal this matter by sending petition to the Michigan Tax Tribunal, PO Box 30232, Lansing, Mi 48909 within 35 days of this notice. Enclosed is a copy of the letter dated 1/24/2024 as well copies of Form 3214. if you have any questions, please contact me via phone (989)658-8651 or email guza.angie@gmail.com. Thank you, jj hgela Guza, Assessor
Page 5
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These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.