Jeremy J Tomezak, Petitioner V Township Of Lincoln, Respondent
- Petitioner
- Jeremy J Tomezak
- Respondent
- Township Of Lincoln
Case overview
- Docket number
- 24-003749-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 |
|---|---|---|---|---|---|---|
| 10 | Consent Judgment | Not recorded | 7 | 10/17/2024 | Not recorded | Download |
| 9 | Stip for Consent Judgment | Not recorded | 7 | 10/17/2024 | Not recorded | Download |
| 8 | Notice of Filing | Not recorded | Not recorded | 10/17/2024 | Not recorded | Download |
| 7 | A Stipulation has been received. | Not recorded | Not recorded | 10/11/2024 | $25.00 | Download |
| 6 | Attachments to the Answer were filed | Not recorded | Not recorded | 10/11/2024 | Not recorded | Download |
| 5 | Answer was received | Not recorded | Not recorded | 10/11/2024 | Not recorded | Download |
| 4 | Petition has been verified | PET | 1 | 10/11/2024 | Not recorded | Download |
| 3 | Order of Partial Dismissal | Not recorded | Not recorded | 10/11/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/11/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/23/2024 | $250.00 | 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 Jeremy J Tomezak, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003749 Lincoln Township, Presiding Judge Respondent. Mark Perry ORDER GRANTING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT CONSENT JUDGMENT The Tribunal has reviewed the Stipulation and finds that it comports with the mandates of State law.1 As a result, the Tribunal shall enter the parties’ Stipulation. Therefore, IT IS ORDERED that the Joint Stipulation for Entry of Consent Judgment including all attachments, terms and conditions is GRANTED and ADOPTED, unless otherwise indicated. IT IS FURTHER ORDERED that the officer charged with maintaining the assessment rolls for the tax years at issue shall correct or cause the assessment rolls to be corrected to reflect the property’s true cash and taxable values as provided in this Consent Judgment within 20 days of the entry of the Consent Judgment.2 IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected taxes shall collect taxes and any applicable interest or issue a refund as required by the Consent Judgment within 28 days of the entry of the Consent Judgment. If a refund is warranted, it shall, unless otherwise indicated, include a proportionate share of any property tax administration fees paid and of penalty and interest paid on delinquent taxes. The refund shall also, unless otherwise indicated, separately indicate the amount of the taxes, fees, penalties, and interest being refunded. A sum determined by the Tribunal to have been unlawfully paid shall, unless otherwise indicated, bear interest from the date of payment to the date of judgment and the judgment shall bear interest to the date of its payment. A sum determined by the Tribunal to have been underpaid shall not bear interest for any time period prior to 28 days after the issuance of this Consent Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, through June 30, 2016, at the rate of 4.25%, (ii) after June 30, 2016, through December 31, 2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at the rate of 4.50%, (iv) after June 30, 1 See MCL 211.27a. 2 See MCL 205.755.
Page 2
MTT Docket No. 24-003749 Page 2 of 2 2017, through December 31, 2017, at the rate of 4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after December 31, 2018 through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 2019 through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (xv) after December 31, 2023, through June 30, 2024, at the rate of 9.30%, and (xvi) after June 30, 2024, through December 31, 2024, at the rate of 9.50%. This Consent Judgment resolves all pending claims in this matter and closes this case. See docket look up for a copy of stipulation and for any possible refund paragraph. By _____________________________ Entered: October 17, 2024 jmb 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 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Jeremy J. Tomezak Petitioner(s) ) MICHIGAN TAX TRIBUNAL Y MTT Docket No. 24-003749 Township of Lincoln Respondent(s) STIPULATION FOR ENTRY OF CONSENT JUDGMENT (VALUATION) 1. The subject properly is in Huron County. N Parcel Number: 14-001-013-10 (If more than one parcel is at issue, attach a completed Multiple Parcel Stipulation Form addressing all other parcels at issue.) 3. The values for the property identified above as established by Respondent's Board of Review are: Tax year Assessed Value (AV) | Taxable Value (TV) 2024 118700 118700 4. The values for the property identified above as stipulated by the parties for seltlement purposes are: | Tax year True Cash Value AV — Tv - SE — 2024 127000 63500 63500 5. Ifthe stipulated TV does not equal the prior year TV multiplied by the applicable inflation rate multiplier, explain why (e.g., transfer of ownership, additions, losses, omitted property etc.) There was a transfer of ownership in 2023: the 2024 taxable value was uncapped. 6. List any special terms or conditions being proposed by the parties that would affect the execution of a Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc. (aitach additional page if necessary): None 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
Page 2
MTT Docket No. 24-003749
Page 2 of 2
NOTE: The Stipulation MUST include ALL parcels and ALL tax years included in the
appeal (including subsequent tax years on or after April
1 of each year for appeals
pending in the Small Claims Division). The parties may agree, however, to withdraw the
appeal of specific parcels and/or tax year(s).
IF APPLICABLE, complete the following section(s). Otherwise, LEAVE BLANK.
7.
The parties agree to the withdrawal of parcel number:
(If more than one parcel is being withdrawn, attach a separate page addressing
all other parcels being withdrawn.)
8.
The parties agree to the withdrawal of tax year(s)
Signature of Petitioner's Authorized Representative or,
if none, Petitioner:
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Printed Narht: Jeremy J. Tomezak
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Date:
10/11/2024
Signature of Respondent's authorized rN)
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Julia Fletcher
Date:
10/1 (T2024These 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
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 Jeremy J Tomezak, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003749 Township Of Lincoln, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information.
Page 2
MTT Docket No. 24-003749 Page 2 of 7 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: October 17, 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
Jeremy J Tomezak 3281 Cross Road Kinde , MI 48445
Page 4
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 Jeremy J Tomezak, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003749 Township Of Lincoln, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent
Page 5
MT
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Jeremy J. Tomezak Petitioner(s) ) MICHIGAN TAX TRIBUNAL Y MTT Docket No. 24-003749 Township of Lincoln Respondent(s) STIPULATION FOR ENTRY OF CONSENT JUDGMENT (VALUATION) 1. The subject properly is in Huron County. N Parcel Number: 14-001-013-10 (If more than one parcel is at issue, attach a completed Multiple Parcel Stipulation Form addressing all other parcels at issue.) 3. The values for the property identified above as established by Respondent's Board of Review are: Tax year Assessed Value (AV) | Taxable Value (TV) 2024 118700 118700 4. The values for the property identified above as stipulated by the parties for seltlement purposes are: | Tax year True Cash Value AV — Tv - SE — 2024 127000 63500 63500 5. Ifthe stipulated TV does not equal the prior year TV multiplied by the applicable inflation rate multiplier, explain why (e.g., transfer of ownership, additions, losses, omitted property etc.) There was a transfer of ownership in 2023: the 2024 taxable value was uncapped. 6. List any special terms or conditions being proposed by the parties that would affect the execution of a Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc. (aitach additional page if necessary): None 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
Page 2
MTT Docket No. 24-003749
Page 2 of 2
NOTE: The Stipulation MUST include ALL parcels and ALL tax years included in the
appeal (including subsequent tax years on or after April
1 of each year for appeals
pending in the Small Claims Division). The parties may agree, however, to withdraw the
appeal of specific parcels and/or tax year(s).
IF APPLICABLE, complete the following section(s). Otherwise, LEAVE BLANK.
7.
The parties agree to the withdrawal of parcel number:
(If more than one parcel is being withdrawn, attach a separate page addressing
all other parcels being withdrawn.)
8.
The parties agree to the withdrawal of tax year(s)
Signature of Petitioner's Authorized Representative or,
if none, Petitioner:
/
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Printed Narht: Jeremy J. Tomezak
5
Date:
10/11/2024
Signature of Respondent's authorized rN)
Pa
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Cleo JJ NOL
Printed
Narvie/
Julia Fletcher
Date:
10/1 (T2024These 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
Lincoln Township Assessor PO Box 539, Port Austin, MI 48467 Julia Fletcher assessorjulia@gmail.com Cell: (586) 944-8907 Home: (989) 874-3084 Hope Bedford Deputy Assessor assessorhope@gmail.com Cell: (989) 930-8434 Office Hours: By appointment only Jeremy Tomezak 3281 Cross Rd. Filion, MI 48432 June 21, 2024 Re.: Petition to the 2024 MBOR for the Assessed Value of parcel # 3214-001-013-10; commonly known as 3281 Cross Rd. Mr. Tomezak, I have discussed your case with William Gast at the Michigan Department of Treasury. Mr. Gast has advised that I should notify you of your right to appeal to the Michigan Tax Tribunal (MTT). Your signature appears on the sign-in sheet for 03/15/2024; however, the previous assessor of record did not enter a petition for you or notify you of your right to appeal; therefore, no changes were made to the 2024 Assessed Value, Capped Value or Taxable Value of the above referenced property by the March Board of Review (MBOR). The action of the MBOR may be appealed to the MTT within 35 days of this notice. To appeal, file a petition with the MTT, which can be obtained on their website SC-Petition- Valuation-fillable.pdf (michigan.gov) . Please contact me with any further questions. Respectfully, Julia Fletcher Assessor of Record
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003749 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Township Of Lincoln (HURON) First Name Julia M.I. Last Name/Company Name/Unit of Government Fletcher Mailing Address (No., Street, P.O. Box or Rural Route) PO Box 539 City or Town Port Austin State Michigan ZIP Code 48467 Telephone Number 586-944-8907 Fax Number E-mail Address assessorjulia@gmail.com Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Julia M.I. Last Name Fletcher Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) PO Box 539 City or Town Port Austin State Michigan ZIP Code 48467 Telephone Number 5869448907 Fax Number E-mail Address assessorjulia@gmail.com Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR The petitioner and respondent have agreed to a stipulation. Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? Yes If yes, check which BOR Petitioner attended: March If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? March*Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended: List the date the BOR denied Petitioner’s Poverty Exemption: IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS Did Petitioner request the exemption at the BOR? If Yes, check which BOR Petitioner attended:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Tax Year(s) denied: List the date the exemption was denied: What statutory section did Petitioner request the subject property be exempt? IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY What do you believe the classification should be: Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 14-001-013-10 Classification of Property: Real Agricultural Current Assessed Value (also known as State Equalized Value) as established by the BOR: 118700 Current Taxable Value as established by the BOR: 118700 What do you believe is the fair market value (also known as True Cash Value)? 127000 Multiply the True Cash Value by. 5 and enter here. This is your contention of Assessed Value. 63500 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/ Julia Fletcher
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RECEIVED toms i JUL 312024 STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ~~ MARLON. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Smalt Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information MI. Last OMe 14 K First Nam Jeremy 3 | Tomes Mailing Address (Nof, Street, P.O. Box or Rural Route} ~ AE (5058 Kinde Ma 98445 re at Fax Number Blo A4T 4375 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 Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many i you are appealing more than one parcel, are they contiguous or adjoining? parcels are you | [7] vest [7] No appealing? *H yes, use a multiple parcel form for information regarding any contiguous parcels.
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check
all that apply)
+d True Cash and Taxable Value
{0 poverty Exemption
[3 Taxable Value Only (calculation)
[J Disabled Veterans Exemption
[1 Uncapping of Taxable Value
[3 Etigible Manufacturing Personal Property (ESA)
[1] Exemption from Taxation (other than the denial of a
¥ Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
q fF
AHAHED
Section 6: Jurisdictional Issues
Year(s) you are EE
20
Did you protest the assessment at a Board of Review (BOR)? [Yi] Yes
O No
If Yes, check which BOR you attended AND attach the BOR decision:
March
[| July
O December
If No, check the applicable reason(s):
|] Not required to attend
Assessment Change Notice was not received by Petitioner
[I] Appealing a purported Clerical Error or Mutual Mistake of Fact (If yes, include explanation in Section 5)
[Il] Appealing within 35 days of State Tax Commission OrderPage 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels,
Parcel Identification Number:
Al
~ ool -0l3-c6
Classification of Property:
%
Personal
(check one)
Agricultural
Commercial
Industrial
Fe
Timber-Cutover
Developmental
Utility
{check one)
Current Resege Value {alsoknown as State Equalized Value) as established by the BOR:
[|§, 700
Current Taxable Value as established by the BOR:
| 1 < yJo=
What do you believe Is the fair market value
(also known as True Cash Value)?
iol, So
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value.
|
£3,750
If yout believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
53,750
Section 8: Classification Information *Only the MI Dep't of Treasury may appeal this Issue to the Tribunal*
Parcel Identification Number:
Current Classification of Property as established by Board of Review:
Real
Personal
(check one)
0
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property's classification?
Real
Personal
(check one)
a
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
If improved property, how Is the property currently being used?
if improved property, for what use was the property designed?Page 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [| Yes 4 No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? O Yes vo If you answered yes to either or both of the above questions, you are not required to pay any filing fees. The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. if your property Is residential property (see MCL 205,762) and the State Equalized Value or Taxable Value In contentton is: Fillng Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under ¥ $250.00 * Plus $25,00 for each additional parcel, as indicated above, If your property Is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. Signature sadpired Petitioner or Att yiAuthorized Representative’s Signature: Ist 7
Page 5
Michigan Tax
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I
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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 Jeremy J Tomezak, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003749 Township Of Lincoln, Respondent. ORDER OF PARTIAL DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner’s appeal includes an appeal of the classification of the subject property. The Tribunal has no jurisdiction over Petitioner’s classification claim because Petitioner was required to “notify the assessor and [] protest the assigned classification to the March board of review.” Additionally, “[a]n owner . . . may appeal the decision of the March board of review by filing a petition with the state tax commission not later than June 30 in that tax year.”1 As such, the Tribunal is not the proper venue for a classification claim brought forward by a property owner. Therefore, IT IS ORDERED that Petitioner’s classification appeal only is DISMISSED. 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. 1 MCL 211.34c(6). (Emphasis added.)
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MTT Docket No. 24-003749 Page 2 of 5 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 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: October 11, 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 provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Jeremy J Tomezak 3281 Cross Road Kinde , MI 48445
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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 Jeremy J Tomezak, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003749 Township Of Lincoln, Respondent. ORDER OF PARTIAL DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner’s appeal includes an appeal of the classification of the subject property. The Tribunal has no jurisdiction over Petitioner’s classification claim because Petitioner was required to “notify the assessor and [] protest the assigned classification to the March board of review.” Additionally, “[a]n owner . . . may appeal the decision of the March board of review by filing a petition with the state tax commission not later than June 30 in that tax year.”2 As such, the Tribunal is not the proper venue for a classification claim brought forward by a property owner. Therefore, IT IS ORDERED that Petitioner’s classification appeal only is DISMISSED. 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. 2 MCL 211.34c(6). (Emphasis
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MTT
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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 Jeremy J Tomezak, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003749 Township Of Lincoln, 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: October 11, 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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Jeremy J Tomezak 3281 Cross Road Kinde , MI 48445
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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 Jeremy J Tomezak, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003749 Township Of Lincoln, 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: October 11, 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 toms i JUL 312024 STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ~~ MARLON. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Smalt Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information MI. Last OMe 14 K First Nam Jeremy 3 | Tomes Mailing Address (Nof, Street, P.O. Box or Rural Route} ~ AE (5058 Kinde Ma 98445 re at Fax Number Blo A4T 4375 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 Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many i you are appealing more than one parcel, are they contiguous or adjoining? parcels are you | [7] vest [7] No appealing? *H yes, use a multiple parcel form for information regarding any contiguous parcels.
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check
all that apply)
+d True Cash and Taxable Value
{0 poverty Exemption
[3 Taxable Value Only (calculation)
[J Disabled Veterans Exemption
[1 Uncapping of Taxable Value
[3 Etigible Manufacturing Personal Property (ESA)
[1] Exemption from Taxation (other than the denial of a
¥ Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
q fF
AHAHED
Section 6: Jurisdictional Issues
Year(s) you are EE
20
Did you protest the assessment at a Board of Review (BOR)? [Yi] Yes
O No
If Yes, check which BOR you attended AND attach the BOR decision:
March
[| July
O December
If No, check the applicable reason(s):
|] Not required to attend
Assessment Change Notice was not received by Petitioner
[I] Appealing a purported Clerical Error or Mutual Mistake of Fact (If yes, include explanation in Section 5)
[Il] Appealing within 35 days of State Tax Commission OrderPage 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels,
Parcel Identification Number:
Al
~ ool -0l3-c6
Classification of Property:
%
Personal
(check one)
Agricultural
Commercial
Industrial
Fe
Timber-Cutover
Developmental
Utility
{check one)
Current Resege Value {alsoknown as State Equalized Value) as established by the BOR:
[|§, 700
Current Taxable Value as established by the BOR:
| 1 < yJo=
What do you believe Is the fair market value
(also known as True Cash Value)?
iol, So
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value.
|
£3,750
If yout believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
53,750
Section 8: Classification Information *Only the MI Dep't of Treasury may appeal this Issue to the Tribunal*
Parcel Identification Number:
Current Classification of Property as established by Board of Review:
Real
Personal
(check one)
0
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you believe is the property's classification?
Real
Personal
(check one)
a
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
If improved property, how Is the property currently being used?
if improved property, for what use was the property designed?Page 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [| Yes 4 No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? O Yes vo If you answered yes to either or both of the above questions, you are not required to pay any filing fees. The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. if your property Is residential property (see MCL 205,762) and the State Equalized Value or Taxable Value In contentton is: Fillng Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under ¥ $250.00 * Plus $25,00 for each additional parcel, as indicated above, If your property Is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. Signature sadpired Petitioner or Att yiAuthorized Representative’s Signature: Ist 7
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Michigan Tax
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I
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