John Hanley, Petitioner V Township Of Leelanau, Respondent
- Petitioner
- John Hanley
- Respondent
- Township Of Leelanau
Case overview
- Docket number
- 24-003393-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Leelanau
- Judge
- Klukowski, Nancy
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 20 | Order of Dismissal | Not recorded | Not recorded | 11/07/2025 | Not recorded | Download |
| 19 | Proposed Order of Dismissal | Not recorded | Not recorded | 09/11/2025 | Not recorded | Download |
| 18 | Hearing Completed | Not recorded | Not recorded | 08/05/2025 | Not recorded | Not recorded |
| 17 | Notice of Hearing | Not recorded | Not recorded | 05/27/2025 | Not recorded | Download |
| 16 | A hearing has been scheduled | Not recorded | Not recorded | 05/27/2025 | Not recorded | Not recorded |
| 15 | Order Setting Aside R Default | Not recorded | 12 | 05/19/2025 | Not recorded | Download |
| 14 | Proof of Service of Misc Documents was received. | RESP | Not recorded | 05/06/2025 | Not recorded | Download |
| 13 | Documentation | RESP | Not recorded | 05/06/2025 | Not recorded | Download |
| 12 | Order Holding Party in Default | Not recorded | Not recorded | 04/23/2025 | Not recorded | Download |
| 11 | Failed to Appear - Respondent | Not recorded | Not recorded | 04/22/2025 | Not recorded | Not recorded |
| 10 | Evidence was received. | PET | Not recorded | 04/03/2025 | Not recorded | Download |
| 9 | Notice of Hearing | Not recorded | Not recorded | 02/11/2025 | Not recorded | Download |
| 8 | A hearing has been scheduled | Not recorded | Not recorded | 02/11/2025 | Not recorded | Not recorded |
| 7 | Order Vacating | Not recorded | Not recorded | 10/24/2024 | Not recorded | Download |
| 6 | Order Holding Party in Default | Not recorded | Not recorded | 10/24/2024 | Not recorded | Download |
| 5 | Answer was received | RESP | Not recorded | 10/10/2024 | Not recorded | Download |
| 4 | Notice of Filing | Not recorded | Not recorded | 10/24/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 09/10/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/10/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 05/30/2024 | $0.00 | Download |
Documents
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 John Hanley, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Leelanau Township, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal issued a Proposed Opinion and Judgment (POJ) on September 11, 2025. The POJ states, in pertinent part, “[t]he parties have 20 days from the below ‘Date Entered by Tribunal’ to notify the Tribunal and the opposing party in writing, by mail or by electronic filing, if they do not agree with the POJ and to state in writing why they do not agree with the POJ (i.e., exceptions).” Neither party has filed exceptions to the POJ. The Administrative Law Judge (ALJ) considered the testimony and evidence submitted and made specific findings of fact and conclusions of law. The ALJ’s determination that Petitioner did not meet their burden of going forward with the evidence is supported by the record in this case and applicable statutory authority. Given the above, the Tribunal adopts the POJ and finds that dismissal of this case is warranted.1 Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves the last pending claim and closes this 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 1 See MCL 205.726.
Page 2
MTT Docket No. 24-003393 Page 2 of 2 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 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 _____________________________ Entered: November 7, 2025 ejg 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
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 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 John Hanley, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Leelanau Township, Case Type: Valuation Respondent. PROPOSED ORDER OF DISMISSAL Personnel Presiding: Nancy Klukowski, Administrative Law Judge Location of Hearing: Telephone Hearing Held on: August 5, 2025 Appearances on Behalf of Petitioner: John Hanley Appearances on Behalf of Respondent: Barry Wauldron, Assessor PROCEDURAL HISTORY Petitioner was required to protest the subject property’s assessment to the Board of Review (BOR) and did so to the 2024 March BOR. The BOR did not change the assessment. Petitioner filed a petition with the Tribunal on May 30, 2024, and Respondent filed an answer on October 10, 2024. On April 23, 2025, the Tribunal issued an order placing Respondent in default for failing to appear at an April 22, 2025 hearing. Respondent subsequently cured its default. On May 19, 2025, the Tribunal issued an order setting aside Respondent’s default. The amount of the state equalized value (SEV) or taxable value (TV) in dispute, as set forth in the pleadings, for all tax years at issue is within the jurisdictional limits of the Small Claims Division.1 Further, the property’s assessment for subsequent tax years is included in this proceeding.2 ISSUES AND APPLICABLE LAW The issues in this matter are: 1 See MCL 205.762(1). 2 See MCL 205.737(5)(b).
Page 2
MTT Docket No. 24-003393 Page 2 of 8 a) Whether the subject property is assessed in excess of 50% of its true cash value (TCV). “The petitioner has the burden of proof in establishing the true cash value of the property.”3 The assessment of real property in Michigan shall not exceed 50% of its TCV.4 “True cash value” means “the usual selling price . . . .”5 “True cash value” means “fair market value.”6 The Tribunal is required to make an independent determination of TCV.7 “[T]he tribunal is not bound to accept either of the parties’ theories of valuation. It may accept one theory and reject the other, it may reject both theories, or it may utilize a combination of both in arriving at its determination.”8 The Tribunal is required to select the valuation methodology that is accurate and bears a reasonable relationship to the property’s TCV.9 b) Whether the TV exceeds the amount provided by MCL 211.27a. MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or capped TV, and a property’s capped TV is, absent a transfer of ownership, determined mathematically by taking into consideration the prior tax year’s TV, statutory losses, the lesser of the rate of inflation or 5%, and statutory additions, including omitted property (i.e., property not previously assessed).10 SUMMARY OF EVIDENCE A. Petitioner’s Evidence Petitioner’s contentions of TCV, SEV and TV: Parcel Number: 042-150-001-01 Year TCV SEV TV 2024 $975,000 $487,500 $487,500 2025 Unknown Unknown Unknown 3 MCL 205.737(3); see also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979). 4 Michigan Const 1963, art IX, sec 3. 5 MCL 211.27(1). 6 CAF Investment Co v State Tax Comm, 392 Mich 442, 450; 221 NW2d 588 (1974). 7 See Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348; 483 NW2d 416 (1992). 8 Id. at 356. 9 See Safran Printing Co v Detroit, 88 Mich App 376; 276 NW2d 602 (1979). 10 See MCL
Page 3
MTT
Page 4
MTT
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 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003393 Township Of Leelanau, Respondent. NOTICE OF TELEPHONE HEARING The Tribunal has scheduled a telephone hearing to be conducted as follows. Hearings are generally 30 minutes in length. HEARING DATE: August 5, 2025 HEARING TIME: 10:30 AM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 68978867 This hearing will be held by telephone conference call with the Judge as the host. In order to join the hearing, call the phone number listed above at least 5 minutes prior to the hearing time. You will then be required to input the access code, followed by # to connect. The Tribunal judge will call in and join by phone at the hearing time. Failure to timely call in may result in the placement of a party or parties in default. This is an important legal document. Please have someone translate the document. Este es un documento legal importante. Por favor, haga traducir este documento. এটি একটি গুরুত্বপূর্ণ আইনি দলিল, অনুগ্রহ করে কেউ দলিলটিকে অনুবাদ করুন। .ةقيثولا مجرتت صخش كيدل ىجري ةماه ةينوناق ةقيثو وه اذه Ito ay isang mahalagang legal na dokumento. Mangyari lamang na magkaroon ng isang tao isalin ang dokumento.
Page 2
MTT Docket No. 24-003393 Page 2 of 12 HEARING INFORMATION – PLEASE READ IMMEDIATELY GENERAL INFORMATION: An impartial hearing will be conducted in accordance with the Michigan Tax Tribunal Rules (R 792.10201-R 792.10297) and the Michigan Administrative Procedures Act, MCL 24.201 et seq. The Michigan Rules of Evidence and the Michigan Court Rules may be applicable. A party is expected to exercise proper respect and courtesy toward other parties, witnesses and administrative law judges, which includes attending the hearing on time, silencing cell phones, and dressing in appropriate clothing for in-person hearings. The hearing may be recorded for notetaking purposes, but the recording is not a formal record, unless otherwise provided for by the Tribunal. REPRESENTATION: You may have an attorney or anyone else of your choice represent you at the hearing. The Tribunal does not recommend or appoint representatives for you and will not pay for your representative. WITNESSES: You may have anyone join you at the hearing to speak in support of your case. However, the time to present your case is limited and additional time may not be provided to accommodate witness testimony. DOCUMENTATION: Parties are required to submit all documents in support of their contentions to the Tribunal and the opposing party at least 21 days before the hearing date even if the documents were previously submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and the opposing party, the documents may be excluded. Documents may be submitted 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 submission by e-mail. If sent by mail, the documents must be sent to the opposing party or their authorized representative at the address identified in the petition or answer for that party or authorized representative, unless the party or authorized representative filed an appearance or other documentation identifying a different mailing address. The documents do not need to be resubmitted after the Notice of Hearing if they were previously
Page 3
MTT
Page 4
MT
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 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 John Hanley, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Leelanau Township, Presiding Judge Respondent. Patricia L. Halm ORDER SETTING ASIDE RESPONDENT’S DEFAULT The Tribunal has considered the file in this case and finds that it entered an order on April 23, 2025, holding Respondent in default for failing to appear at a duly-noticed hearing. Respondent was required to file information and documentation justifying their absence within 14 days to assist the Tribunal in determining whether the scheduling of a default hearing was warranted.1 Respondent filed a response on May 6, 2025, indicating the assessor had just started their job and was unaware of the hearing scheduled in this matter. The Tribunal has considered the response and finds that Respondent’s failure to appear was not willful, and they have no history of refusing to comply with Tribunal orders or of deliberate delay. Respondent timely responded to the default order and allowing them continued participation in this matter will not prejudice Petitioner. Therefore, IT IS ORDERED that Respondent’s default is SET ASIDE. IT IS FURTHER ORDERED that the hearing shall be rescheduled in the normal course of scheduling. Entered: May 19, 2025 By _____________________________ cs 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 1 See TTR 237 and Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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
“ages STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR John Hanley MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No.24-003393 Township of Leelanau , Respondent(s) PROOF OF SERVICE Barry Wauldron, Assessor states that on May 06, 2025 he/she [Name of person serving/mailing petition] [date of service] served a copy of the Explanation relative to the above-captioned matter upon: [Provide name and address of the party/people being served] John Hanley 226 E. 5th st. Northport, MI 49670 Bary Wedron [Signature of person who is serving/mailing copy] Barry Wauldron [Print/type name of person serving/mailing copy] 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
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
May 06, 2025 Patricia L. Halm, Chair Michigan Tax Tribunal Cc: John Hanley (Petitioner) Docket #: 24-003393 RE: Explanation justifying the absence at the April 22, 2025 scheduled hearing. I am the new Assessor of Record for Leelanau Township. I assumed the duties from the outgoing assessor, Christy Brow, on or about April 16th, 2025. During the transition I received incomplete information about the number and status of active tribunal petitions, and did not check the docket quickly enough to learn about the above hearing on April 22nd. I became aware of the case upon receiving the order of default. I respectfully request the respondent be restored from default and a new hearing date be scheduled. Sincerely, Barry Wauldron, Assessor Leelanau Township
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 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in this case and finds that Respondent failed to appear for the duly-noticed Hearing scheduled for April 22, 2025. Thus, this case is subject to dismissal or a default hearing.1 Prior to dismissal or the scheduling of a default hearing, however, the Tribunal finds that placing the absent party in default and ordering an explanation and documentation justifying the absence at the proceeding is appropriate.2 Therefore, IT IS ORDERED that the absent party is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall submit information and documentation as directed above. The response must be filed with the Tribunal and served on the opposing party or the opposing party’s authorized representative within 14 days of entry of this Order.3 Failure to comply with this Order may result in dismissal of this case or the scheduling of a default hearing, as provided by TTR 237. By______________________________ Entered: April 23, 2025 Patricia L. Halm, Tribunal Chair 1 See TTR 247 & TTR 275. 2 See TTR 231 and See Grimm v Department of Treasury, 291 Mich App 140 (2010). 3 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5).
Page 2
MTT Docket No. 24-003393 Page 2 of 4 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
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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in this case and finds that Respondent failed to appear for the duly-noticed Hearing scheduled for April 22, 2025. Thus, this case is subject to dismissal or a default hearing.4 Prior to dismissal or the scheduling of a default hearing, however, the
Page 4
MTT
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
The Michigan constitution requires property to be uniformly assessed at 50% of the usual selling price, also referred to as true cash value. As depicted in the market comparison, it does not appear there is a uniform application of assessing property of homes located near our home (parcel # 042-150-001-01). Given the assessment of our home of $678,400, the true cash value would be $1,356,800. There is no comparison of substantiating that price in our immediate location of the Village of Northport. The most recent sale of a home (parcel# 042-400-008-00) in 2024 was $950,000 for a stated five-bedroom home and also located on the water. Our home has three bedrooms. Further, our immediate neighbor (parcel # 042- 150-003-01) is assessed only 0.69% higher while their taxable value is lower by $111,413 or 26.25%. Their home is much larger and twice the size of our home. In preparing the market comparison extracted from the Leelanau County property search function on their website, one feature that is consistent is newer construction homes are assessed and have a taxable value significantly higher than existing homes, except for one newer construction home. I brought this to the attention of the Board of Review (“Board”) in the appeals hearing. The answer from the chairperson was surprising. He explained to me that since my house was new construction with finishes that would be considerably higher than existing homes. Further, he stated that homes in the market comparison I provided to the Board have depreciated over time and therefore are assessed at a lower value. My answer to him was that they are highly likely to not know the finishes inside every home and they can be similar to mine from renovations that have occurred. In addition, I expressed to the Board that by using the Chairperson’s logic of depreciation, my home will depreciate over time and therefore my Assessed Value and Taxable Value will come down. That certainly will never be the case. On the Notice of Assessment, Taxable Valuation and Property Classification submitted to us for 2024, the assessor’s reason for the changes in values was market adjustment. If that is the case, what is the justification for the market adjustment? There does not seem to be one to me when looking at the market comparison. There clearly is no uniform application used by the assessor, nor has one been explained to me. This pattern is unfortunately continuing for 2025 where the Notice of Assessment, Taxable Valuation and Property Classification increased the Assessed Value by 36.14% to $923,600 ($1,847,200 True Cash Value) and the Taxable Value by 3.09% to $552,533. There was no reason stated on the form. In two years (2024 and 2025) our Assessed Valuation has gone up by 80.96% and the Taxable Value has increased by 8.26%.
Page 2
Market Comparison Notes Address Parcel Number Current Year (2025) Last Year (2024) % Change Prior Year (2023) % Change Current Year (2025) Last Year (2024) % Change Prior Year (2023) % Change Current Year (2025) Last Year (2024) % Change Prior Year (2023) % Change 2025 2024 construction finalized and occupancy of the home in Nov 2022 226 E 5th St 042-150-001-01 552,533 535,920 3.10% 510,400 5.00% 923,600 678,400 36.14% 510,400 32.92% 923,600 678,400 36.14% 510,400 32.92% 60% 79% immediate neighbor to the south and house is twice our sq ft; newer construction 227 E 4th St 042-150-003-01 424,507 392,137 8.25% 683,100 532,100 28.38% 683,100 532,100 28.38% 62% 214 E 4th St 042-150-004-00 231,690 214,023 8.25% 441,800 334,400 32.12% 441,800 334,400 32.12% 52% newer construction; neighbor adjacent to my home on the west 10149 N Shore Dr 042-350-187-10 240,786
Page 3
er
Page 4
re
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 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003393 Township Of Leelanau, Respondent. NOTICE OF TELEPHONE HEARING The Tribunal has scheduled a telephone hearing to be conducted as follows. Hearings are generally 30 minutes in length. HEARING DATE: April 22, 2025 HEARING TIME: 10:30 AM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 888752493 This hearing will be held by telephone conference call with the Judge as the host. In order to join the hearing, call the phone number listed above at least 5 minutes prior to the hearing time. You will then be required to input the access code, followed by # to connect. The Tribunal judge will call in and join by phone at the hearing time. Failure to timely call in may result in the placement of a party or parties in default. This is an important legal document. Please have someone translate the document. Este es un documento legal importante. Por favor, haga traducir este documento. এটি একটি গুরুত্বপূর্ণ আইনি দলিল, অনুগ্রহ করে কেউ দলিলটিকে অনুবাদ করুন। .ةقيثولا مجرتت صخش كيدل ىجري ةماه ةينوناق ةقيثو وه اذه Ito ay isang mahalagang legal na dokumento. Mangyari lamang na magkaroon ng isang tao isalin ang dokumento.
Page 2
MTT Docket No. 24-003393 Page 2 of 12 HEARING INFORMATION – PLEASE READ IMMEDIATELY GENERAL INFORMATION: An impartial hearing will be conducted in accordance with the Michigan Tax Tribunal Rules (R 792.10201-R 792.10297) and the Michigan Administrative Procedures Act, MCL 24.201 et seq. The Michigan Rules of Evidence and the Michigan Court Rules may be applicable. A party is expected to exercise proper respect and courtesy toward other parties, witnesses and administrative law judges, which includes attending the hearing on time, silencing cell phones, and dressing in appropriate clothing for in-person hearings. The hearing may be recorded for notetaking purposes, but the recording is not a formal record, unless otherwise provided for by the Tribunal. REPRESENTATION: You may have an attorney or anyone else of your choice represent you at the hearing. The Tribunal does not recommend or appoint representatives for you and will not pay for your representative. WITNESSES: You may have anyone join you at the hearing to speak in support of your case. However, the time to present your case is limited and additional time may not be provided to accommodate witness testimony. DOCUMENTATION: Parties are required to submit all documents in support of their contentions to the Tribunal and the opposing party at least 21 days before the hearing date even if the documents were previously submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and the opposing party, the documents may be excluded. Documents may be submitted 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 submission by e-mail. If sent by mail, the documents must be sent to the opposing party or their authorized representative at the address identified in the petition or answer for that party or authorized representative, unless the party or authorized representative filed an appearance or other documentation identifying a different mailing address. The documents do not need to be resubmitted after the Notice of Hearing if they were previously
Page 3
MTT
Page 4
M
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 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. ORDER VACATING DEFAULT ORDER The Tribunal has reviewed the file in the above-captioned case and finds that the Tribunal entered an Order on October,24 2024, holding Respondent in default. The Tribunal erred in the entry of that Order. Therefore, IT IS ORDERED that the Order of Default is VACATED. By _________________________________ Patricia L. Halm, Tribunal Chair Entered: October 24, 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. ORDER VACATING DEFAULT ORDER The Tribunal has reviewed the file in the above-captioned case and finds that the Tribunal entered an Order on October,24 2024, holding Respondent in default. The Tribunal erred in the entry of that Order. Therefore, IT IS ORDERED that the Order of Default is VACATED. By _________________________________ Patricia L. Halm, Tribunal Chair Entered: October 24, 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. ORDER VACATING DEFAULT ORDER The Tribunal has reviewed the file in the above-captioned case and finds that the Tribunal entered an Order on October,24 2024, holding Respondent in default. The Tribunal erred in the entry of that Order. Therefore, IT IS ORDERED that the Order of Default is VACATED. By _________________________________ Patricia L. Halm, Tribunal Chair Entered: October 24, 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 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent has failed to file an answer. See TTR 279. Respondent must file an answer within 14 days of the entry of this Order. Small Claims answer forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.i Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: October 24, 2024 Patricia L. Halm, Tribunal Chair
Page 2
MTT Docket No. 24-003393 Page 2 of 6 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 i “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5)
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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent has failed to file an answer. See TTR 279. Respondent must file an answer within 14 days of the entry of this Order. Small Claims answer forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.ii Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing
Page 4
MTT Docket No. 24-003393 Page 4
Page 5
STA
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
RECEIVED OCT 15 2024 MICHIGAN Tax TRIBUNAL STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING GRETCHEN WHITMER GOVERNOR MARLON |. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO. 24- (ON Section 1: Respondent’s Contact Information 231-386-5138 First Name: M.L: Last Name/Company Name/Unit of Government: Leelanau Township Home Address (No., Street, P.O. Box or Rural Route): County: PO BOX 338 Leelanau County City or Town: State: ZIP Code: Northport MI 149670 Telephone Number: Fax Number: 231-386-7909 n/a E-mail Address (do not enter unless you want MTT to send all correspondence via email): Section 2: Respondent’s Attorney/Authorized Representative’s Contact Informatio First Name: Christy ML: Last Name: M Brow Firm Name (if any): Michigan Asses sing Service Inc Address (No., Street, P.O. Box or Rural Route): PO Box 338 City or Town: State: ZIP Code: Northport Ml 149670 Telephone Number: Fax Number: 231-386-5138 231-386-7909 assessor@leelanautownshipmi.gov E-mail Address (do not enter unless you want MTT to send all correspondence via email): Section 3: Subject Property Information vas O No Does the subject property have a Principal Residence Exemption of 50% or more? Are the parcels listed by Petitioner contiguous or adjoining? O Yes [No [J Not Applicable If not, list which parcels adjoin one another.
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal Property was assessed according to State Tax Commission rules, regulations & guidelines and MCL. 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 [} No if yes, check which BOR Petitioner attended: [4] March [1 July [} December if no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? [| Yas 8 No *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? [i] Yes [Wm] No 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? [Hm] Yes [Hl] No If yes, explain Is Petitioner appealing from a State Tax Commission Order? IN] Yes Ono if so, what is the issue date? IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE
Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Did Petitioner request a Poverty Exemption ata BOR? [] Yes [J No If Yes, check which BOR Petitioner attended: O March 0 July Od December 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 a BOR? O Yes O No If Yes, check which BOR Petitioner attended: O March O July O December 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: Real Personal (check one) O Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Section 6: Valuation Information use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: YS -
Page 4
Par
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 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, 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. 24-003393 Page 2 of 6 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 24, 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer
Page 4
MTT
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
: - RECEIVED JUN 042024 2 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN 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 MUS" submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.I Last Name/Company Name John P Hanley Mailing Address (No., Street, P.O. Box or Rural Route) 226 E 5th St City or Town State ZIP Code Northport Ml 49670 Telephone Number Fax Number 216-233-8374 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jphanleyhome@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.1. 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 If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [[] vest [] No**
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that appty)
True Cash and Taxable Value
[J Poverty Exemption
[] Taxable Value Only (calculation)
[1] Disabled Veterans Exemption
[7] uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
[1 Exemption from Taxation (other than the denial of a
{J Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Our property is unfairly assessed. The 2024 proposed assessed value increased by
33% and the reason given was market adjustment. This is new construction and is in
the second year post construction.
In the prior year (2023) there was no substantial
market adjustment determined by the assessor which seems odd to me as that was at
the point in time they could assess the home after completion.
| do not believe the
surrounding residences, nor the community as a whole were assessed with a 33%
market adjustment increase. Further, Michigan law requires all property to be assessed
uniformly.
| brought this up in the board of review appeal and the Chairman said directly
to me that is not the case.
In addition, the assessed value is to be 50% of the true cash
value. Under my assessed value of 678,400 the true cash value would equal 1,356,800.
While nice,
| do not believe the home would sell for close to that amount,
Lastly the
only homes near my property which are assessed at elevated levels are new
construction. This was brought up in my discussion with the review board and
| was told
by the Chairman that those other homes have depreciated in value over time. Under
that theory
| should see my assessed and taxable values decline over time as my home
will depreciate. Certainly that will not be the case.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment ata Board of Review (BOR)?
Yes
[0] No
f Yes, ohack which BOR you attended AND attach the BOR decision: [14 March
[ suty
[7 pecember
If No, checkPage 3
STAT
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 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, 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 10, 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 John Hanley, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003393 Township Of Leelanau, 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 10, 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
: - RECEIVED JUN 042024 2 MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN 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 MUS" submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.I Last Name/Company Name John P Hanley Mailing Address (No., Street, P.O. Box or Rural Route) 226 E 5th St City or Town State ZIP Code Northport Ml 49670 Telephone Number Fax Number 216-233-8374 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) jphanleyhome@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.1. 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 If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [[] vest [] No**
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that appty)
True Cash and Taxable Value
[J Poverty Exemption
[] Taxable Value Only (calculation)
[1] Disabled Veterans Exemption
[7] uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
[1 Exemption from Taxation (other than the denial of a
{J Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Our property is unfairly assessed. The 2024 proposed assessed value increased by
33% and the reason given was market adjustment. This is new construction and is in
the second year post construction.
In the prior year (2023) there was no substantial
market adjustment determined by the assessor which seems odd to me as that was at
the point in time they could assess the home after completion.
| do not believe the
surrounding residences, nor the community as a whole were assessed with a 33%
market adjustment increase. Further, Michigan law requires all property to be assessed
uniformly.
| brought this up in the board of review appeal and the Chairman said directly
to me that is not the case.
In addition, the assessed value is to be 50% of the true cash
value. Under my assessed value of 678,400 the true cash value would equal 1,356,800.
While nice,
| do not believe the home would sell for close to that amount,
Lastly the
only homes near my property which are assessed at elevated levels are new
construction. This was brought up in my discussion with the review board and
| was told
by the Chairman that those other homes have depreciated in value over time. Under
that theory
| should see my assessed and taxable values decline over time as my home
will depreciate. Certainly that will not be the case.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment ata Board of Review (BOR)?
Yes
[0] No
f Yes, ohack which BOR you attended AND attach the BOR decision: [14 March
[ suty
[7 pecember
If No, checkPage 3
STAT
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.