James McCready, Lois McCready, Petitioners V Township Of Tuscarora, Respondent
- Petitioner
- James McCready, Lois McCready
- Respondent
- Township Of Tuscarora
Case overview
- Docket number
- 24-004037-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Cheboygan
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 10 | Letter Sent | Not recorded | Not recorded | 01/06/2025 | Not recorded | Download |
| 9 | Motion for Reconsideration was received. | PET | Not recorded | 12/17/2024 | Not recorded | Download |
| 8 | Denied | PET | 6 | 12/04/2024 | Not recorded | Download |
| 7 | Order Denying Motion | Not recorded | 6 | 12/04/2024 | Not recorded | Download |
| 6 | Motion for Reconsideration was received. | PET | Not recorded | 11/14/2024 | $25.00 | Download |
| 5 | Evidence was received. | PET | Not recorded | 09/30/2024 | Not recorded | Download |
| 4 | Order of Dismissal | Not recorded | Not recorded | 11/13/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 11/13/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 11/04/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 08/22/2024 | $100.00 | Download |
Documents
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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 January 6, 2025 James & Lois McCready JPMINC14@gmail.com Re: MTT Docket No. 24-004037 Dear Mr. & Mrs. McCready: The Michigan Tax Tribunal has received your second Motion for Reconsideration, filed on December 17, 2024, requesting reconsideration of the dismissal of this case. TTR 257(1) provides that a motion for reconsideration of any decision or order may be “filed within 21 days of the entry of the decision or order sought to be reheard or reconsidered.” Your Motion is precluded because the Tribunal’s rule does not provide for the filing of multiple motions for reconsideration. Additionally, the Tribunal’s rule regarding reconsideration mirrors the applicable Michigan Court Rule, MCR 2.119(F), and the Michigan Court of Appeals has, likewise, held that the court rule does not provide for the filing of multiple motions for reconsideration.1 As such, your only recourse is to appeal the Tribunal’s [order or decision] to the Michigan Court of Appeals. If you have any questions regarding this or any other Tribunal matter, please contact me at the Tribunal. Respectfully, Samantha Maria Snow Welton Chief Clerk 1 See Kecskes v Paramount Newport Corp, unpublished per curiam opinion of the Court of Appeals, issued February 16, 2001 (Docket No. 214844).
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RECEIVED DEC 26 2074 MICHIGAN TAX TRIBUNAL Jim and Penny McCready email jpminc14@gmail.com 5099 Bayou Drive 231499 8774 Orange Beach, AL 36561 penny. mccready513@gmail.com 231 590 2760 To Whom this may concern: Dec 15,2024 USPS MEMO Transmission: RE: Michigan Tax Tribunal , Small Claims, MTT Docket No 24-00437 611 W. Ottawa St., Lansing, MI 48933 517 335 9760 SUBJECT: Recent Receipt of Dismissal Order (dated Nov 13, 2024) Nov 13, 2024, a letter was sent to the Michigan Tax Tribunal, 30 days Later, No response. We contested this Dismissal based on the following: We have not received a receipt confirmation or answer from our letter to the Mich. Tax Tribunal Of Nov 14, 2024, 30 days. We are at our 5099 Bayou Drive, Orange Beach, AL 36561 winter residence. We have experienced severe USPS and email deficiency’s and receipt of documents. As stated in the Nov 14 letter we were awaiting the the new Supv and Board replacement on Nov. 19 for the assessment, review/revisit and the many specific assessment deficiency’s. Letter of Nov 14, 2024 A The original Tax Appeal letter, Appeal Petition Form: dated from the
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page 2 B Resent revisited Appeal Petition Form, Amendment letter, $ 100 Dockett fee Several clarification telcons with Erica N. and much assistance in clearing up the error C Nov 4, 2024 Received Docket No 24-004037 assignment and 28 day notice of answer by Dec 2, 2024. The Tuscarora Twp Supv. and board are leaving Nov 20, 2024 and the new board will allow review/revisit and make the the subject Tax Assessment App D Nov 13,2024 Received Notice of Dismissal based on petition 30 day time frame from hearing. (time frame is 35 days from postmarked date) item A above. APPEAL RIGHTS “Motion for reconsideration” $25.00 filing fee attached and hoping to Be considered as account credit based on time frame error. Awaiting your review, comments, and response at your convenience. Kind Regards, Pen and Jim McCready Specialists in Advanced Product Handling and Loading Systems - Mobile 231 499 8774 Design and manufacture of product loading equipment and Ecological Projects and process and property management. Please consider the environment before printing this document. CONFIDENTIAL and PROPRIETARY information of JPM Inc/ILS Incorporated. All rights reserved. This work contains information that is confidential and proprietary to JPM Inc all or part of this message, or its attachments, is strictly prohibited, except with the express, written permission of JPM Inc./ILS
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Jim and Penny McCready 5099 Bayou Drive Orange Beach, AL 36561 Tele 231499 8774 Michigan Tax Tribunal RE: MTT No. 24-004037 PO Box 30232 Lansing, MI 48909 [pelle spy igh lad ye] by
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EM RECEIVED NOV 19.2024 MICHIGAN TAX TRIBUNAL Jim and Penny McCready email jominc14@gmail.com 5099 Bayou Drive 231499 8774 Orange Beach, AL 36561 penny, mccready513@gmail.com 231 590 2760 To Whom this may concern: Nov 14,2024 USPS MEMO Transmission: HHIHO3 7] RE: Michigan Tax Tribunal , Small Claims, MTT Docket No 24-00437 611 W. Ottawa St., Lansing, MI 48933 517 335 9760 SUBJECT: Recent Receipt of Dismissal Order (dated Nov 13, 2024) We contest this Dismissal based on the following: A The original Tax Appeal letter, Appeal Petition Form: dated from the (postmarked) special assessment roll date of June 4 and was received July 9 within the 35 days time frame allowable, The cover letter and all documents were returned to sender without a cover letter. We assumed that all the documents were copied, filed with the docket and dated July 11. ERROR ?? Dismissal letter indicated 30 days ??? B Resent revisited Appeal Petition Form, Amendment letter, $ 100 Dockett fee Several clarification telcons with Erica N. and much assistance in clearing up the error C Nov 4, 2024 Received Docket No 24-004037 assignment and 28 day notice of answer by Dec 2, 2024. The Tuscarora Twp Supv. and board are leaving Nov 20, 2024 and the new board will allow review/revisit and make the the subject Tax Assessment Appeal much simpler.
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SUBJECT: Receipt of Dismissal Order (dated Nov 13, 2024) page 2 D Nov 13,2024 Received Notice of Dismissal based on petition 30 day time frame from hearing. (time frame is 35 days from postmarked date) item A above. APPEAL RIGHTS “Motion for reconsideration” $25.00 filing fee attached and hoping to Be considered as account credit based on time frame error. Awaiting your review, comments, and response af your convenience. Kind Regards, Pen and Jim McCready Specialists in Advanced Product Handling and Loading Systems - Mobile 231 499 8774 Design and manufacture of product loading equipment and Ecological Projects and process and property management. Please consider the environment before printing this document. CONFIDENTIAL and PROPRIETARY information of JPM Inc/ILS Incorporated. All rights reserved. This work contains information that is confidential and proprietary to JPM Inc all or part of this message, or its attachments, is strictly prohibited, except with the express, written permission of JPM Inc./ILS
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR J c=) = LANSING DIRECTOR James McCready, € McCready, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Township Of Tuscarora, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above- -captioned case and finds that: ELEY The petition as not filed withj 730 days after the confirmation of the special assessment - roll. See MCL 211.746. 9 LyERO AS EES OAV Therefore, IT IS ORDERED that thé case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS if you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal's web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the
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Jim and Lois McCready i 3583 Constance Ave, PO2176 street aero Indian River , MI 4974 Michigan Tax Tribunal / PO Box 30232 Lansing, MI 48909 grep srs POSTAL SERVICES RDC 99 517 335 9760 U.8. POSTAG FCM LETTER ORANGE BE NOV 14, 202 §2324M5034
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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 James McCready, Lois McCready, MICHIGAN TAX TRIBUNAL Petitioners, SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Tuscarora Township, Presiding Judge Respondent. Joshua M. Wease ORDER DENYING PETITIONERS’ MOTION FOR RECONSIDERATION On November 14, 2024, Petitioners filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on November 13, 2024. In the motion, Petitioners state that the initial filing was made within 35 days of the special assessment roll confirmation date and that the Tribunal erred in finding that the assessment was subject to a 30-day appeal period. The Tribunal has considered the motion and the case file and finds that, as indicated in the motion, MCL 211.746 controls the timeframe for the filing of a special assessment petition to the Tribunal. The Tribunal has no equitable power to waive or otherwise disregard a statutory filing deadline, and as a result, it has no authority to grant Petitioners the relief requested.1 Given the above, Petitioners have failed to demonstrate a palpable error relative to the order that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.2 Therefore, IT IS ORDERED that Petitioners’ Motion for Reconsideration is DENIED. This Order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: December 4, 2024 By _____________________________ bw/le 1 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. See Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008). 2 See MCR 2.119.
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MTT Docket No. 24-004037 Page 2 of 2 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 provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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EM RECEIVED NOV 19.2024 MICHIGAN TAX TRIBUNAL Jim and Penny McCready email jominc14@gmail.com 5099 Bayou Drive 231499 8774 Orange Beach, AL 36561 penny, mccready513@gmail.com 231 590 2760 To Whom this may concern: Nov 14,2024 USPS MEMO Transmission: HHIHO3 7] RE: Michigan Tax Tribunal , Small Claims, MTT Docket No 24-00437 611 W. Ottawa St., Lansing, MI 48933 517 335 9760 SUBJECT: Recent Receipt of Dismissal Order (dated Nov 13, 2024) We contest this Dismissal based on the following: A The original Tax Appeal letter, Appeal Petition Form: dated from the (postmarked) special assessment roll date of June 4 and was received July 9 within the 35 days time frame allowable, The cover letter and all documents were returned to sender without a cover letter. We assumed that all the documents were copied, filed with the docket and dated July 11. ERROR ?? Dismissal letter indicated 30 days ??? B Resent revisited Appeal Petition Form, Amendment letter, $ 100 Dockett fee Several clarification telcons with Erica N. and much assistance in clearing up the error C Nov 4, 2024 Received Docket No 24-004037 assignment and 28 day notice of answer by Dec 2, 2024. The Tuscarora Twp Supv. and board are leaving Nov 20, 2024 and the new board will allow review/revisit and make the the subject Tax Assessment Appeal much simpler.
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SUBJECT: Receipt of Dismissal Order (dated Nov 13, 2024) page 2 D Nov 13,2024 Received Notice of Dismissal based on petition 30 day time frame from hearing. (time frame is 35 days from postmarked date) item A above. APPEAL RIGHTS “Motion for reconsideration” $25.00 filing fee attached and hoping to Be considered as account credit based on time frame error. Awaiting your review, comments, and response af your convenience. Kind Regards, Pen and Jim McCready Specialists in Advanced Product Handling and Loading Systems - Mobile 231 499 8774 Design and manufacture of product loading equipment and Ecological Projects and process and property management. Please consider the environment before printing this document. CONFIDENTIAL and PROPRIETARY information of JPM Inc/ILS Incorporated. All rights reserved. This work contains information that is confidential and proprietary to JPM Inc all or part of this message, or its attachments, is strictly prohibited, except with the express, written permission of JPM Inc./ILS
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR J c=) = LANSING DIRECTOR James McCready, € McCready, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Township Of Tuscarora, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above- -captioned case and finds that: ELEY The petition as not filed withj 730 days after the confirmation of the special assessment - roll. See MCL 211.746. 9 LyERO AS EES OAV Therefore, IT IS ORDERED that thé case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS if you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal's web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the
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> 0 if 01 Moy Uo Uoneuou; Slow o) ‘sbed buys ] YI USIN 8588] ‘BUilfjo Buisn Aq UOISINIP JY 310. ur uibag ose ues 59589) ‘Uojzeuouy QIOWI 10) 617 ¥L | 995 ‘B1ep Buy ays eq jim reungliy B41 1e (palsnijop puey “1) panisdal 5] Juswnaop OY 18D ol] Uosied-u] pa) SI JUSWNo0P 843 J obey oed 943 UO 7B 1019001 547 Ag PRIBIIPUI SE 2211185 AloAlSD U2 03 UBAIB Sem Juatunoop OY SIEP 242 JO SE Pal) P3I2pISU00 84 [IM (Sd 40 X3pa- “a1) ‘seoiniss Lisniiep paleubisap Aq juss sBuljy 40 sjeaddy ‘91ep Bui 843 5.5950 941 Aq payiewssod 5 edojoaus ay) o1ep OL 843 YBNoIY3 [BUngIL Ql pojlew fi
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Jim and Lois McCready i 3583 Constance Ave, PO2176 street aero Indian River , MI 4974 Michigan Tax Tribunal / PO Box 30232 Lansing, MI 48909 grep srs POSTAL SERVICES RDC 99 517 335 9760 U.8. POSTAG FCM LETTER ORANGE BE NOV 14, 202 §2324M5034
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RECEIVED Jim & Lois McCready 0CT 02 2024 5099 Bayou Drive Orange Beach, AL 36561 tele; 231499 8774, 231 590 2760 MICHIGAN TAX TRIBUNAL Email: jpminc14@gmail.com Penny.513@gmail.com 3583 Constance Ave, PO2176,6290 Arthur Indian River , MI 4974 Michigan Tax Tribunal 517 335 9760 Sept 30, 2024 611 W. Ottawa St. PO Box 30232 Lansing, MI 48909 To whom this may concern: RE: 1st SPECAL ASSESSMENT APPEAL DOCS, SENT July 9, 2024 and resent Aug 16, 2024 2" SPECIAL ASSESSMENT, resend requested by LARA on Aug 16, 2024 Phase 1 Special Assessment, Protest hearing appearance June 4, 2024 Tuscarora video available Sewer Project #22-5797 EGLE 1810271 Written Protest & Appeal attached Exhibits A-K: post marked July 9, 2024 Subject: Addendum to Special Assessment, dated Sept 30, 2024 Please be advised of the attached addendum to the subject special assessment appeal based on additional deficiencies and clarifications. 1. The actual Phase 1 construction has started on Sept 16, 2024. 2. Tuscarora Township Supervisor R. Kramer and the board : Clerk J. Reidsma, Trea J.Dillaha, Trustees J. Vance, K. Pearson. a. Have made no attempt to address or answer the deficiencies or presented to them for corrections from Feb.5, 9, 2024 (Letters and docs attached) b. Have made changes to the contracts engrg and contractors in closed meetings with out hearings and EGLE approvals after the drawing approvals of Dec 31, 2023 by Bruce Christian EGLE Proj. Mgr. and his departure from EGLE. le: 200ft of underground gravity sewer on 595.5 flood plan elev. area on park walkway less than 50 ft. from the Indian River Have not clarified the location of a 3000 gal PS200 sewerage lift station, presently located in a Cheboygan permitted residential drive. Have not certified actual residential costs per REI and have not included many equipment and service added costs. Have included many itemized costs in Phase 1 assessment that are for Phase 1, 3 and general public use. e. Just and equitable REI, residential assessment sharing. le: Exhibit B 5. APPEAL DOCS clarification from Matts contract bid docs. (23) REI individual pump station connections direct to house @ $21,695, S 498,985 ( included in contract, no cost to REI) (180) REI connection to property line by REI owner ( $5000-530,000 connection costs, OUT of POCKET to REI owner) f. Over 50 REI owners with Mich Health Dept sanitary mounds systems with 5-15 year use approval., most USA sewer systems apply a time frame connection. 3. The Appointed (not elected) Tuscarora Township Supervisor R. Kramer and (4) balance seated members will be leaving Nov. 20, 2024 the Supervisor and complete board will be replaced. The main focus of the new board will be the Sewer Project: an
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JPM, Inc: - Innovative Loading Systems (ILS) Coast to Coast Charters, Licensed USCG Captain, 100 ton A MICHIGAN GREEN is GOLD Co. Design and manufacture of innovative energy efficient and ecologically sound Truck, Rail, Barge, and Vessel Dust Free high speed commodity loading. Ecological Commodity Project and Process Management. Marcgemert Indian River Office 231 238 9631 Harbor Springs Office Sales, Engineering, Vessel Charters Main Office : Sales, Engineering PO 2176, 3583 Constance 18 W. Brutus Rd Indian River, MI 49749 Harbor Springs, Ml 49740 Feb 05, 2024 Bob Kramer, Supv. Tuscarora Twp tele: 231 238 7088 Email: supervisor@tuscaroratwp.com RE: Tuscarora Sewer #22-5797 EGLE 1810271 Hi Bob, In reply to your letter of Nov 16,2023 requesting me to “quit contacting” PEI and Aaron Nordman. | am again requesting you as Chairman of the pending sewer project and associates to review the following subjects in your scheduled Feb 06, 2023 "Sewer progress meeting” based on recent Dec 31, 2023 PEI drawing and engineering changes submitted to EGLE by PEI for permitting. (attached) after Nov 16, 2023, The three (3) A.B.&C. subjects that were outlined in my letter of Nov 06, 2023 were (A) relocation and now requested elimination of lift station PS200 (B) Individual underground drilling GP SSFM stations @ tag #135,136 connecting to the 4” SSFM on Constance Ave. eliminating all gravity SAN and CCRC AASHTO certified road work. No easements required (C) Individual underground drilling GP SSFM stations @ tag # 138 -146 connecting to The 4” SSFM on Arthur Street eliminating all gravity SAN and CCRC AASHTO certified road work. No easements required The PS200 pump lift station has been moved and does not conform to the 100 ft. EGLE isolation and is still located in the the ingess DRIVE LOCATON of 6290 Arthur as noted on the latest 12-31-2023 drawings that | have been submitted to EGLE and Permitted Site Plan, zoning permit PZ23-0012, SP-01. The optional location of the PS200 pump lift station @ Lot 5, Block 1 & ROW ( 100 ft.) was thought to be better however the limited ROW space between Arthur asphalt and property line is only 2/3 ft. from the existing Arthur asphalt roadway. (attached drawing).
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JPM, Inc: - Innovative Loading Systems (ILS) Coast to Coast Charters, Licensed USCG Captain, 100 ton A MICHIGAN GREEN is GOLD Co. Design and manufacture of innovative energy efficient and ecologically sound Truck, Rail, Barge, and Vessel Dust Free high speed commodity loading. Ecological Commodity Project and Process Mana Indian River Office 231 238 9631 Harbor Springs Office Sales, Engineering, Vessel Charters Main Office : Sales, Engineering PO 2176, 3583 Constance 18 W. Brutus Rd Indian River, MI 49749 Harbor Springs, MI 49740 gement Management. Feb 09, 2024 Bob Kramer, Supv. Tuscarora Twp tele: 231 238 7088 Email: supervisor@tuscaroratwp.com RE: Tuscarora Sewer Project #22-5797, EGLE 1810271 Hi Bob, | am in receipt of your email Feb 09 answer to my recent Feb 05 letter requesting system review for the Feb 6 sewer meeting. Sorry for such a small short limited answer for such a large cost saving request. These requests were sent to
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J
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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 James McCready,Louis McCready, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Township Of Tuscarora, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition as not filed within 30 days after the confirmation of the special assessment roll. See MCL 211.746. Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If
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MTT Docket No. 24-004037 Page 2 of 8 the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 13, 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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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 James McCready,Louis McCready, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Township Of Tuscarora, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition as not filed within 30 days after the confirmation of the special assessment roll. See MCL 211.746. Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If
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MTT Docket No. 24-004037 Page 4 of 8 the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 13, 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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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY
Page 6
MTT Docket No.
Page 7
STATE
Page 8
M
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Page 1
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
GOVERNOR
LANSING
ReCeiviep
SEP 0 5 2024
MICHIGAN TAX TRIBUNAL,
MARLON |. BROWN, DPA
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
SPECIAL ASSESSMENT
1
J
pe 20el
LE eV BASED
A) Sy FIs
m———_—
Section 4: Petitioner's Contact information
7
Trees J po 1= (Faw J
Pip Map
failing Address (Ho.
Stresi, P.O. Box or Rural Route}
Fes CONSTANCE VE, C0 Z/7%
nila Rye
yy
| Hrrag
}
_23/- FTE 7723) ST PAL
Ne,
E-mail Address (do not ener unless you want MTT to send all correspondence via e-mail}
LC IPATING. J AEB LAKIN CEI
Section 2: Petitioner's Altos repli zed Representative’s Contact Information
First Name
Last Mame
a’ 22,
:
Firm Nawne (if 203)
BN
Bcsrens tho. SEN. P20 Dex er Maral Mode)
Traninfo:4e0n
25T01001-1
08/31/24
Chit:
255
Ante $100.00
}
Clty ar Fou
Sat=
| ZF Cade
0:
JRFES HCDREADY
Telephons Shember
Fa Ser
Sncfion 3: Sutdect Propedy hme
3 yous are
more than one parcel, are they contiguous
or adjsining?
pometrere JU
1 vesr
(nom
[3 wm
2)
“Eyes, ane = suitipie panos fore for information regarding any contigaces parcels.
—
#4 no, you must ills separate appesls for each non-contiguous or non-adjoining parcel or you will be defaulled.
Property Address {No., Sireei, City, ST, Zi) [If multiple, Bist first properiy’s
address]Page 2
|
BEATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
T.ANSING
DIRECTOR
Section 4: Explain the Reason for this Appeal
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/Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA HOVERNOR FANSING. DIRECTOR PROPERTY TAX APPEAL PETITION FORM ) SPECIAL ASSESSMENT 7 wo pre Z APFEEFAL Section 1: Peliioner’s Contact Information fpdE=s § fo i= (Fox | PIM NeaczeAs) Baiting Activa (Mo. Stent, POE Bric ov Fires] outa) FS CCV STANCE WE, 207% pz Zee wy |" Pera rr PE eR Email Baitoss (00 nok enter unless yoo work MTT & send oB Correspondence via o-mal) SPAIN) FB LAAN al Section 2: Petitioner's AttorneylAutharized Representative” 's Contact Information | Firat Mame AA, Fire Yoo any) Basdrans fin. Shred, PO Bont ard Rete) Cll oe Toss State: TF Coder Telephone Mamsber Fox Muses k Email fcklemes (oko sl eal melee ween sink BETTY. fos sonal lf comes gemiamne win ewe Section 3: Sublect Properly Information Hows snany Byossore. mine Haan fod parcel, are they conligeous or sdnining? parcels weyers | [| veer wo [lwm A ye, ee 2 Silipie parcel foo far finrmrelie epi wR CORRE aren. 1.7 k Ean, you sash Be separste appeds Yor each non-coriipous or non-adfoining parce] or you wil be defaulted. Property Fibdross (Ha. Street, City, 51, 297 (6 WalGie, Bo Tool [Raperty s stares] 2 Fe AEA ZT RE =E7
Page 4
Jim & Lois McCready 5099 Bayou Drive Orange Beach, AL 36561 tele; 231499 8774, 231 590 2760 Email: jpminc14@gmail.com Penny.513@gmail.com 3583 Constance Ave, PO2176,6290 Arthur Indian River , MI 4974 Michigan Tax Tribunal 517 335 9760 August 16, 2024 PO Box 30232 Lansing, MI 48909 To whom this may concern: SUBJECT: Special assessment Roll and Hearing, June 4, 2024, Tuscarora video available Sewer Project #22-5797 EGLE 1810271 Phase 1 Special Assessment, Protest hearing appearance June 4, 2024 Written Protest & Appeal attached Exhibits A-K: post marked July 9, 2024 Tuscarora Township Board, Cheboygan County R. Kramer, Supervisor, Sewer Chairman 3546 S. Straits Highway Indian River, MI 49749 Exh A Hearing June 4, 2024 Exh B Appeal Response Exh C History Exh D Deficencies Exh E Appeal Correction plan Exh F PS200 Deficiency Exh G 6200 Arthur, PS200 Deficiency Exh | Sewage Spillage Rate Exh J PS200 Removal Appeal to R. Kramer Feb 05,2024 10. Exh K PS200 Removal request to PEI & EGLE Nov 06,2024 LOIN AWNR It has been five weeks and we have not had a review, comment or response to our written Protest and Appeal mailed on July 07, 2024 and confirmed receipt. Awaiting your response, we have received a notice that you received submission of the appeal and docments.
Page 5
Pg Gmail jim mccready <jpminci14@gmail.com> Fwd: Fwd: 4 messages jim mccready <jpminc14@gmail.com> Sun, Aug 18, 2024 at 4:30 PM To: jim mccready <jpminc14@gmail.com> mmm Forwarded message --------- From: jim mccready <jpminc14@gmail.com> Date: Sun, Aug 18, 2024 at 1:25 PM Subject: Re: Fwd: To: LARA-taxtrib <LARA-taxtrib@michigan.gov>, Penny <penny.mccready513@gmail.com>, <trudymaves@gmail.com> In response to your email of Aug 16, 3:42 PM, | have reviewed your this and attached are docs reconfirming the filing of the subject appeal protest and filing date specifications and history. The July 9th date on the mailing # 9505 5124 8396 4191 6234 03 and July 11 received date and July 9th postmarked date must have been missed. July 9th falls within 35 days as specified. | am hoping that copies were made of the (15) page protest documents and can be retrieved to fulfill the requirements for the protest/appeal process to continue on. Would appreciate your review, comments and response. | can resend the docs ASAP. Kind Regards Jim and Penny McCready
Page 6
| www.michigan.gov/TaxTrib. The Tribunals rules of practice and procedure may also | be utilized in your search for additional assistance. An electronic copy of the rules is located at this web address: http://www.michigan.gov/taxtrib/0,4677,7-187-67144-
Page 7
Jim & Lois
Page 8
1 and
Page 9
EX
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Read document text excerpt
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 James McCready,Louis McCready, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Township Of Tuscarora, 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: November 4, 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 James McCready,Louis McCready, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Township Of Tuscarora, 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: November 4, 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 3
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 James McCready,Louis McCready, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004037 Township Of Tuscarora, 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: November 4, 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.
Read document text excerpt
Page 1
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
GOVERNOR
LANSING
ReCeiviep
SEP 0 5 2024
MICHIGAN TAX TRIBUNAL,
MARLON |. BROWN, DPA
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
SPECIAL ASSESSMENT
1
J
pe 20el
LE eV BASED
A) Sy FIs
m———_—
Section 4: Petitioner's Contact information
7
Trees J po 1= (Faw J
Pip Map
failing Address (Ho.
Stresi, P.O. Box or Rural Route}
Fes CONSTANCE VE, C0 Z/7%
nila Rye
yy
| Hrrag
}
_23/- FTE 7723) ST PAL
Ne,
E-mail Address (do not ener unless you want MTT to send all correspondence via e-mail}
LC IPATING. J AEB LAKIN CEI
Section 2: Petitioner's Altos repli zed Representative’s Contact Information
First Name
Last Mame
a’ 22,
:
Firm Nawne (if 203)
BN
Bcsrens tho. SEN. P20 Dex er Maral Mode)
Traninfo:4e0n
25T01001-1
08/31/24
Chit:
255
Ante $100.00
}
Clty ar Fou
Sat=
| ZF Cade
0:
JRFES HCDREADY
Telephons Shember
Fa Ser
Sncfion 3: Sutdect Propedy hme
3 yous are
more than one parcel, are they contiguous
or adjsining?
pometrere JU
1 vesr
(nom
[3 wm
2)
“Eyes, ane = suitipie panos fore for information regarding any contigaces parcels.
—
#4 no, you must ills separate appesls for each non-contiguous or non-adjoining parcel or you will be defaulled.
Property Address {No., Sireei, City, ST, Zi) [If multiple, Bist first properiy’s
address]Page 2
|
BEATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
T.ANSING
DIRECTOR
Section 4: Explain the Reason for this Appeal
|
SEE AFC
eZee >: es
:
BRS FT LE
» “Tie
A A522 22H ~
me”
LY S poo
i
:
nono
Ens
Section 5: Jurisdictional issues
| Cp
———————————————
| Yes
[=
{ B Vou, oi
wes the Se oF Pe bawling held bs nono: the speci assessed voli?
|
JUNE oF BBR
FE Foy SE
eed
© LI LED
|
BEX
’
3
AL,
Fae Information;
ZF
eT
A fze of $100.00 is required for the filing of
a
ofa Special Assessment Appeal. Res YY =Ye 0) Ov.
~
SEED
=H)
Signature LZ)
/
|
petitions ER s Signature:
}
P23
/Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA HOVERNOR FANSING. DIRECTOR PROPERTY TAX APPEAL PETITION FORM ) SPECIAL ASSESSMENT 7 wo pre Z APFEEFAL Section 1: Peliioner’s Contact Information fpdE=s § fo i= (Fox | PIM NeaczeAs) Baiting Activa (Mo. Stent, POE Bric ov Fires] outa) FS CCV STANCE WE, 207% pz Zee wy |" Pera rr PE eR Email Baitoss (00 nok enter unless yoo work MTT & send oB Correspondence via o-mal) SPAIN) FB LAAN al Section 2: Petitioner's AttorneylAutharized Representative” 's Contact Information | Firat Mame AA, Fire Yoo any) Basdrans fin. Shred, PO Bont ard Rete) Cll oe Toss State: TF Coder Telephone Mamsber Fox Muses k Email fcklemes (oko sl eal melee ween sink BETTY. fos sonal lf comes gemiamne win ewe Section 3: Sublect Properly Information Hows snany Byossore. mine Haan fod parcel, are they conligeous or sdnining? parcels weyers | [| veer wo [lwm A ye, ee 2 Silipie parcel foo far finrmrelie epi wR CORRE aren. 1.7 k Ean, you sash Be separste appeds Yor each non-coriipous or non-adfoining parce] or you wil be defaulted. Property Fibdross (Ha. Street, City, 51, 297 (6 WalGie, Bo Tool [Raperty s stares] 2 Fe AEA ZT RE =E7
Page 4
Jim & Lois McCready 5099 Bayou Drive Orange Beach, AL 36561 tele; 231499 8774, 231 590 2760 Email: jpminc14@gmail.com Penny.513@gmail.com 3583 Constance Ave, PO2176,6290 Arthur Indian River , MI 4974 Michigan Tax Tribunal 517 335 9760 August 16, 2024 PO Box 30232 Lansing, MI 48909 To whom this may concern: SUBJECT: Special assessment Roll and Hearing, June 4, 2024, Tuscarora video available Sewer Project #22-5797 EGLE 1810271 Phase 1 Special Assessment, Protest hearing appearance June 4, 2024 Written Protest & Appeal attached Exhibits A-K: post marked July 9, 2024 Tuscarora Township Board, Cheboygan County R. Kramer, Supervisor, Sewer Chairman 3546 S. Straits Highway Indian River, MI 49749 Exh A Hearing June 4, 2024 Exh B Appeal Response Exh C History Exh D Deficencies Exh E Appeal Correction plan Exh F PS200 Deficiency Exh G 6200 Arthur, PS200 Deficiency Exh | Sewage Spillage Rate Exh J PS200 Removal Appeal to R. Kramer Feb 05,2024 10. Exh K PS200 Removal request to PEI & EGLE Nov 06,2024 LOIN AWNR It has been five weeks and we have not had a review, comment or response to our written Protest and Appeal mailed on July 07, 2024 and confirmed receipt. Awaiting your response, we have received a notice that you received submission of the appeal and docments.
Page 5
Pg Gmail jim mccready <jpminci14@gmail.com> Fwd: Fwd: 4 messages jim mccready <jpminc14@gmail.com> Sun, Aug 18, 2024 at 4:30 PM To: jim mccready <jpminc14@gmail.com> mmm Forwarded message --------- From: jim mccready <jpminc14@gmail.com> Date: Sun, Aug 18, 2024 at 1:25 PM Subject: Re: Fwd: To: LARA-taxtrib <LARA-taxtrib@michigan.gov>, Penny <penny.mccready513@gmail.com>, <trudymaves@gmail.com> In response to your email of Aug 16, 3:42 PM, | have reviewed your this and attached are docs reconfirming the filing of the subject appeal protest and filing date specifications and history. The July 9th date on the mailing # 9505 5124 8396 4191 6234 03 and July 11 received date and July 9th postmarked date must have been missed. July 9th falls within 35 days as specified. | am hoping that copies were made of the (15) page protest documents and can be retrieved to fulfill the requirements for the protest/appeal process to continue on. Would appreciate your review, comments and response. | can resend the docs ASAP. Kind Regards Jim and Penny McCready
Page 6
| www.michigan.gov/TaxTrib. The Tribunals rules of practice and procedure may also | be utilized in your search for additional assistance. An electronic copy of the rules is located at this web address: http://www.michigan.gov/taxtrib/0,4677,7-187-67144-
Page 7
Jim & Lois
Page 8
1 and
Page 9
EX
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.