John S Harris, Petitioner V Township Of Lee, Respondent
- Petitioner
- John S Harris
- Respondent
- Township Of Lee
Case overview
- Docket number
- 24-003784-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Allegan
- Judge
- Grinnell, Jason C.
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 14 | Final Opinion and Judgment | Not recorded | Not recorded | 03/05/2026 | Not recorded | Download |
| 13 | Hearing Completed | Not recorded | Not recorded | 12/02/2025 | Not recorded | Not recorded |
| 12 | Proof of Service of Misc Documents was received. | Not recorded | Not recorded | 11/11/2025 | Not recorded | Download |
| 11 | Proof of Service of Misc Documents was received. | PET | Not recorded | 11/10/2025 | Not recorded | Download |
| 10 | Evidence was received. | PET | Not recorded | 11/10/2025 | Not recorded | Download |
| 9 | Notice of Hearing | Not recorded | Not recorded | 09/19/2025 | Not recorded | Download |
| 8 | A hearing has been scheduled | Not recorded | Not recorded | 09/19/2025 | Not recorded | Not recorded |
| 7 | Evidence was received. | RESP | Not recorded | 12/20/2024 | Not recorded | Download |
| 6 | Notice of Filing | Not recorded | Not recorded | 12/17/2024 | Not recorded | Download |
| 5 | Attachments to the Answer were filed | Not recorded | Not recorded | 11/09/2024 | Not recorded | Download |
| 4 | Answer was received | Not recorded | Not recorded | 11/09/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/15/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/15/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/27/2024 | $25.00 | Download |
Documents
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 John S Harris, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION MTT Docket No. 24-003784 v Case Type: Qualified Agricultural Exemption Lee Township, Presiding Judge Respondent. Jason C. Grinnell FINAL OPINION AND JUDGMENT Location of Hearing: Telephonic Hearing Held on: December 2, 2025 Appearances on Behalf of Petitioner: John Harris and Deb Ondersma, Attorney Appearances on Behalf of Respondent: Heather Jahr, Assessor SUMMARY OF JUDGMENT Parcel No. 12-017-014-11 is not entitled to a Qualified Agricultural Exemption (QAE) under MCL 211.7ee. As a result, the property has a QAE of 0% for the 2024 and 2025 tax years. PROCEDURAL HISTORY Respondent’s assessor rescinded the subject property’s QAE in the 2024 Notice of Assessment, Taxable Valuation, and Property Classification. Petitioner appealed the denial to the 2024 March Board of Review. Petitioner filed a petition with the Tribunal on July 27, 2024, and Respondent filed its answer on November 9, 2024. ISSUES AND APPLICABLE LAW The issue in this matter is whether the subject property is qualified to receive a QAE under MCL 211.7ee. MCL 211.7ee provides as follows: (1) Qualified agricultural property is exempt from the tax levied by a local school district for school operating purposes to the extent provided under
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MTT Docket No. 24-003784 Page 2 of 9 section 1211 of the revised school code, 1976 PA 451, MCL 380.1211, according to the provisions of this section. (2) Qualified agricultural property that is classified as agricultural under section 34c is exempt under subsection (1) and the owner is not required to file an affidavit claiming an exemption with the local tax collecting unit unless requested by the assessor to determine whether the property includes structures that are not exempt under this section. To claim an exemption under subsection (1) for qualified agricultural property that is not classified as agricultural under section 34c, the owner shall file an affidavit claiming the exemption with the local tax collecting unit by May 1. (3) The affidavit shall be on a form prescribed by the department of treasury. (4) For property classified as agricultural, and upon receipt of an affidavit filed under subsection (2) for property not classified as agricultural, the assessor shall determine if the property is qualified agricultural property and if so shall exempt the property from the collection of the tax as provided in subsection (1) until December 31 of the year in which the property is no longer qualified agricultural property as defined in section 7dd. An owner is required to file a new claim for exemption on the same property as requested by the assessor under subsection (2). *** (6) An owner of property that is qualified agricultural property on May 1 for which an exemption was not on the tax roll may file an appeal with the July or December board of review in the year the exemption was claimed or the immediately succeeding year. An owner of property that is qualified agricultural property on May 1 for which an exemption was denied by the assessor in the year the affidavit was filed, may file an appeal with the July board of review for summer taxes or, if there is not a summer levy of school operating taxes, with the December board of review. (7) If the assessor of the local tax collecting unit believes that the property for which an exemption has been granted is not qualified agricultural property, the assessor may deny or modify an existing exemption by notifying the owner in writing at the time required for providing a notice under section 24c. A taxpayer may appeal the assessor's determination to the board of review meeting under section 30. A decision of the board of review may be appealed to the residential and small claims division of the Michigan tax tribunal.
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MTT Docket No. 24-003784 Page 3 of 9 Qualified agricultural property is defined as: [U]noccupied property and related buildings classified as agricultural, or other unoccupied property and related buildings located on that property devoted primarily to agricultural use as defined in section 36101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101. Related buildings include a residence occupied by a person employed in or actively involved in the agricultural use and who has not claimed a principal residence exemption on other property. Property used for commercial storage, commercial processing, commercial distribution,
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR John S. Harris MICHIGAN TAX TRIBUNAL Petitioner(s) \% MTT Docket No. 24-003784 Township of Lee s Respondent(s) PROOF OF SERVICE Heather Jahr states that on 11/11/2025 he/she [Name of person serving/mailing petition] [date of service] served a copy of the Respondents supporting evidence relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Deborah Odersma (Petitioner counsel) via email to: diondersma@varnumlaw.com Adam J. Brody (Petitioner counsel) via email to: ajbrody@varnumlaw.com Debra Ryerson (Petitioner counsel) via email to: dkryerson@varnumlaw.com HD Ql [Signature of pefson who is serving/mailing copy] Heather Jahr [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
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION JOHN S. HARRIS, Petitioner, MTT Docket No. 24-003784 v. Parcel No. 0312-017-014-11 LEE TOWNSHIP, Respondent. Adam J. Brody (P62035) Deborah I. Ondersma (P55907) VARNUM LLP Attorneys for Petitioner 333 Bridge Street, N.W. P.O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000 ajbrody@varnumlaw.com diondersma@varnumlaw.com Heather Jahr Township Assessor Township of Lee P.O. Box 280 Pullman, MI 49450 leeassessor1@gmail.com (616) 970-7820 _____________________________________ I, Debbie Ryerson, am a legal secretary at Varnum, and state that on November 10, 2025, I served Statement of Petitioner’s Case with Documentary Evidence Attached, along with a copy of this Proof of Service upon: Heather Jahr Township Assessor Township of Lee P.O. Box 280 Pullman, MI 49450 leeassessor1@gmail.com via email. I declare that the statements above are true to the best of my information, knowledge, and belief. /s/ Debbie Ryerson ___________
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION JOHN S. HARRIS, Petitioner, MTT Docket No. 24-003784 v. Parcel No. 0312-017-014-11 LEE TOWNSHIP, Respondent. Adam J. Brody (P62035) Deborah I. Ondersma (P55907) VARNUM LLP Attorneys for Petitioner 333 Bridge Street, N.W. P.O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000 ajbrody@varnumlaw.com diondersma@varnumlaw.com Heather Jahr Township Assessor Township of Lee P.O. Box 280 Pullman, MI 49450 leeassessor1@gmail.com (616) 970-7820 _____________________________________ STATEMENT OF PETITIONER’S CASE WITH DOCUMENTARY EVIDENCE ATTACHED This appeal involves Petitioner John Harris’ claim for a qualified agricultural exemption on property he owns in Lee Township for tax years 2024 and 2025.1 Harris has three related appeal pending: MTT Docket Nos. 24-003784, 24-003785, and 24-003786. Each of these parcels is contiguous to one of Harris’ blueberry fields (i.e. fields upon which blueberries are grown), and 1 Pursuant to MCL 205.737(5), when “the tribunal has jurisdiction over a petition alleging that the property is exempt from taxation, the appeal for each subsequent year for which an assessment has been established shall be added automatically to the petition.”
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2 each parcel contains one (1) or more living units licensed by the State of Michigan as a migrant labor camp. Until tax year 2024, these parcels were classified as agricultural real property. Beginning in tax year 2024, Lee Township classified the affected parcels as residential real property. Harris reserves the right to use the documents attached hereto, as well as any documents provided to the Tribunal by Respondent, at the hearing scheduled in this matter. FACTS Petitioner John Scott Harris (“Harris”) started Harris Blueberries in the late 1970’s with a dream to develop a sustainable, full-time blueberry operation.2 Harris worked for a blueberry farmer when Harris was just twelve (12) years old and started his own growing operation in 1978 with just two (2) acres of blueberries in Van Buren County. Today, Harris Blueberry Farms, LLC has grown into a farm of over three hundred (300) acres. One hundred sixty-one (161) of those acres are in Respondent, Lee Township. As such, farming blueberries has been Harris’ full-time “job” for decades. Harris Blueberry Farms is tucked in the heart of Michigan blueberry country in Allegan County. Harris was recently quoted as saying, “we’re doing the best thing we can do for the future, and for us that’s providing handpicked fresh fruit.” Harris Blueberries harvests about 1.5 million pounds of blueberries annually for the fresh market; over 90% of those blueberries are handpicked. That translates into roughly 1.3 million pounds of fresh blueberries handpicked yearly. Thirty (30) years ago, there might have been a local market of labor to pick Harris’ blueberries, but that local labor market has disappeared. Now, Harris must look elsewhere for his laborers. Harris’ workers migrate to Michigan (usually from Florida) to pick his blueberry crops 2 The facts described in this brief will be provided as evidence via testimony at the scheduled hearing.
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3 from mid-June through the end of the growing season in late August. If Harris did not have a place for the migrant workers to stay while they are working on his farm, he would not get the workers, and his blueberries would die in the fields. Harris Blueberry Farms has 28 living units that are licensed by the State of Michigan to house 253 migrant farmworkers. Eighteen of those units are in Lee Township. Each of those units is licensed through Michigan’s Department of Agriculture and Rural Development, Migrant Labor Housing Program. Each occupancy license authorizes occupation only between early to mid-June through the end of August each year. These units are built strictly for seasonal migrant help and do not contain heat sufficient to sustain living therein throughout a Michigan winter. For example, while the units have air conditioning powered by 24,000 BTUs of energy, their heating is powered with only 8,000 BTUs of energy. As such, the Agricultural Labor Camp Licenses for the properties at issue in this group of appeals permit habitation therein only from June through August 31st of each year. Pictures of a sample of one of these structures are attached hereto as Exhibit 1. At the end of each growing season, the water is drained from the units, and they are closed until the next growing season. In short, the structures are essential tools that are part of Scott’s farming operation and nothing more. 719 50th Street, PPN 0312-013-007-00 – MTT Docket No. 24-003785 The parcel of property located at 719 50th Street (PPN 0312-013-007-00) (hereinafter “719 50th Street”) is
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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 John S Harris, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003784 Township Of Lee, 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: December 2, 2025 HEARING TIME: 9:00 AM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 236084932 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.
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MTT Docket No. 24-003784 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. Parties are 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 choosing a quiet, private location to participate in the hearing to limit distractions and ensure minimal background noise. 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 both 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 both the Tribunal and the opposing party, the documents may be excluded. Documents may be submitted to the Tribunal by mail or through the Tribunal’s electronic filing (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 submitted to the Tribunal and the opposing party in this case. If a hearing had previously been scheduled in this case and adjourned, and the adjournment order indicates that the parties are precluded from submitting any further documentary evidence, no further documentary evidence will be accepted even if filed and exchanged as indicated above. INCLUSION OF SUBSEQUENT TAX YEARS: Subsequent tax year assessments are automatically included in valuation appeals once the assessment has been established for that tax year. For purposes of administrative efficiency, the Tribunal considers this date April 1st. As such, the parties should submit documentation and be prepared to discuss subsequent tax year assessments at hearings to be conducted on or after April 1st in a subsequent year. If the hearing is to be conducted prior to April 1st in a subsequent year, taxpayers are required to file a new petition and, if necessary, protest the subsequent tax year assessment at the March Board of Review for that year. MOTIONS/REQUESTS: A motion is a written request filed by a party asking the Tribunal to take certain action.
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tn gy Te THIS IS NOT A TAX BILL L-4400 Notice of Assessment, Taxable Valuation, and Property Classification This form is issued under the authority of P.A. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a model assessment notice to be used by the local assessor. FROM HEATHER JAHR PARCEL IDENTIFICATION LEE TOWNSHIP ASSESSOR PARCEL NUMBER: 0312-017-014-11 877 56TH ST PULLMAN, MI 49450 PROPERTY ADDRESS: 745 58TH ST PULLMAN, MI 49450 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: PRINCIPAL RESIDENCE EXEMPTION HARRIS JOHN S$ % Exempt As "Homeowners Principal Residence": .00% 00520 46TH ST % Exempt As "Qualified Agricultural Property": .00% BLOOMINGDALE MI 49026 % Exempt As "MBT Industrial Personal": .00% % Exempt As "MBT Commercial Personal": .00% Exempt As "Qualified Forest Property": O Yes No Exempt As "Development Property": [1 Yes No LEGAL DESCRIPTION: COM AT NW COR SW 1/4 NW 1/4 TH S 242' TO POB TH E 121.19' TH N 23 DEG 57' 22" E 83.65' TH E 126.53' TH S 108' TH W 282' THN 30' TO POB SEC 17 TIN R15W TAX MAP: 0.46 AC (02) ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 401 (RESIDENTIAL-IMPROVED) PRIOR YEAR'S CLASSIFICATION IF DIFFERENT: 101 (AGRICULTURAL-IMPROVED) PRIOR A NT FRAT AMOUNT PRIOR YEAR TO YEAR 2024 CURRENT YEAR 1. TAXABLE VALUE: 9,127 7,500 -1,627 2. ASSESSED VALUE: 15,400 7,500 -7,900 3. TENTATIVE EQUALIZATION FACTOR: 1.000 4. STATE EQUALIZED VALUE (SEV): 15,400 7,500 -7,900 5. There WAS or WAS NOT a transfer of ownership on this property in2023 WAS NOT 6. Assessor Change Reason(s): Class Change CLASS CHANGE The 2024 Inflation rate Multiplier is: 1.05 Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: Name: Phone: Email Address: HEATHER JAHR (616) 970-7820 LEEASSESSOR1@GMAIL.COM March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: PLEASE TAKE NOTICE THAT THE BOARD OF REVIEW WILL MEET AT THE TOWNSHIP HALL, 877 56TH ST, PULLMAN, MI 49450, TO EXAMINE AND REVIEW THE ASSESSMENT ROLL. THE BOARD WILL CONVENE ON THE FOLLOWING DATES FOR THE ORGANIZATIONAL MEETING AND HEARING OF APPEALS. TUESDAY, MARCH 5TH 2024, 6:30 PM - ORGANIZATIONAL MEETING, WEDNESDAY MARCH 13TH 2024, 2:00 PM TO 5:00 PM AND 6:00 PM TO 9:00 PM - APPEALS MEETING, AND THURSDAY MARCH 14TH, 11:00 AM TO 2:00 PM AND 3:00 PM TO 6:00 PM - APPEALS MEETNG. ALL APPEALS MUST INCLUDE FORM L-4035 PETITION TO BOARD OF REVIEW. TO SUBMIT OR SCHEDULE AN APPEAL PLEASE CONTACT THE LEE TOWNSHIP ASSESSOR, HEATHER JAHR. (616) 970-7820 OR LEEASSESSOR1@GMAIL.COM
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ARCHIVED *** Information herein deemed reliable but not guaranteed*** ALLEGAN County: LEE TOWNSHIP Jurisdiction: Printed on Parcel Number: 0312-017-014-11 8,416C 9,200 2,800 6,400 2021 8,693C 12,300 5,900 6,400 2022 9,127C 15,400 8,300 7,100 2023 9,583C 20,000M 20,000 14,000 6,000 2024 Taxable Value Tribunal/ Other Board of Review Assessed Value Building Value Land Value Year Land Improvement Cost Estimates Description Rate Size % Good Cash Value Wood Frame 30.75 64 45 886 Residential Local Cost Land Improvements Description Rate Size % Good Cash Value 50' TYPICAL WELL 3,000.00 1 35 1,050 Total Estimated Land Improvements True Cash Value = 1,936 * Factors * Description Frontage Depth Front Depth Rate %Adj. Reason Value <Site Value B> 0.31 - 0.99 AC 12000 100 12,000 0.454 Acres 0 100 0 0.45 Total Acres Total Est. Land Value = 12,000 Land Value Estimates for Land Table PAVED.RES - PAVED NOH / / INSPECTED Who When What Level Rolling Low High Landscaped Swamp Wooded Pond Waterfront Ravine Wetland Flood Plain X Topography of Site Dirt Road Gravel Road Paved Road Storm Sewer Sidewalk Water Sewer Electric Gas Curb Street Lights Standard Utilities Underground Utils. X X Public Improvements Vacant Improved X The Equalizer. Copyright (c) 1999 - 2009. Licensed To: Township of Lee, County of Allegan, Michigan Comments/Influences COM AT NW COR SW 1/4 NW 1/4 TH S 242' TO POB TH E 121.19' TH N 23 DEG 57' 22" E 83.65' TH E 126.53' TH S 108' TH W 282' TH N 30' TO POB SEC 17 T1N R15W TAX MAP: 0.46 AC (02) Tax Description HARRIS JOHN S 00520 46TH ST BLOOMINGDALE MI 49026 Owner's Name/Address 745 58TH ST Property Address 2024 Est TCV 40,019 TCV/TFA: 43.31 MAP #: P.R.E. 0% School: BLOOMINGDALE PUBLIC SCH DIST Status Number Date Building Permit(s) Zoning: Class: RESIDENTIAL-IMPROV 100.0 DEED 2172/768 21-NOT USED/OTHER LC 01/03/2002 0 ALLEN MARK L & JEAN R HOBBS HAZEL A 0.0 DEED 2949/91 03-ARM’S LENGTH WD 02/06/2006 16,000 ALLEN MARK L & JEAN R HOBBS 0.0 DEED 3267/790 03-ARM’S LENGTH WD 10/06/2008 12,500 HARRIS JOHN S ALLEN MARK L & JEAN R Prcnt. Trans. Verified By Liber & Page Terms of Sale Inst. Type Sale Date Sale Price Grantee Grantor 11/09/2024
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ARCHIVED Class: Low Effec. Age: 44 Floor Area: Total Base New : 61,746
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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 John S Harris, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003784 Township Of Lee, 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.
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MTT Docket No. 24-003784 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: December 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
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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 John S Harris, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003784 Township Of Lee, 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
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03/19/2024 12:25 PM 2024 BOARD OF REVIEW DECISION FROM HEATHER JAHR LEE TOWNSHIP ASSESSOR 877 56TH ST PULLMAN, MI 49450 NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL! PROPERTY IDENTIFICATION: (Parcel Code required. Property address and legal description optional ): 0312-017-014-11 745 58TH ST HARRIS JOHN S 00520 46TH ST BLOOMINGDALE MI 49026 COM AT NW COR SW 1/4 NW 1/4 TH S 242' TO POB TH E 121.19’ THN 23 DEG 57 22" E 83.65' TH E 126.53 TH S 108' TH W 282' TH N 30' TO POB SEC 17 TIN RI5W TAX MAP: 0.46 AC (02) 'HIS PROPERTY IS CLASSIFIED AS 401 (RESIDENTIAL-IMPROVED) Thank you for attending this years March Board of Review. The Board has reviewed the information you supplied and the data necessary to compute your assessment and taxable value. The Board has completed their review of parcel number 0312-017-014-11 They have made the following determination based on the information you supplied. Board of Review Comments: PROPERLY CLASSED PER MCL 211.34C [2024 ORIGINAL ASSESSED VALUE 20,000 | [2024 "BOARD OF REVIEW" ASSESSED VALUE 20,000 | (If the above amounts are the same, no revisions have occured) 2024 ORIGINAL TAXABLE VALUE 9,583 2024 "BOARD OF REVIEW" TAXABLE VALUE 9,583 2024 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 0.0000 Please feel free to contact the assessor at the address listed above or call if you have any questions. “Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required to file a petition to initiate a new Small Claims appeal. Petition forms are available on this website.” http://www.michigan.gov/taxtrib/0,4677,7-187-38254---,00.html
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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 PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION MOAHR DOCKET NO. 24-003784 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Unit of Government Township Of Lee (ALLEGAN) Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Heather M.I. Dawn Last Name Jahr Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) P O Box 280 City or Town Pullman State Michigan ZIP Code 49450 Telephone Number 616-970-7820 Fax Number E-mail Address leeassessor1@gmail.com Section 3: Subject Property Information Parcel Identification Number(s): 03-12-017-014-11 Are the parcels listed by Petitioner contiguous or adjoining? If no, list which parcels are adjoining. Classification of Property: Real Residential Pursuant to Michigan Tax Tribunal (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Notice of Denial or Board of Review Decision) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 4: Explain Your Answer to this Appeal Subject parcel is 0.454 acres, containing 1 Residential structure. No agricultural use, as defined in MCL 324.36101, occurring on the parcel as of 5/1/2024. MCL 211.7dd(d) defines qualified agricultural property as: "Qualified agricultural property" means unoccupied property and related buildings classified as agricultural, or other unoccupied property and related buildings located on that property devoted primarily to agricultural use as defined in section 36101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.36101. Related buildings include a residence occupied by a person employed in or actively involved in the agricultural use and who has not claimed a principal residence exemption on other property. Related buildings are structures on a parcel that are, in some way, part of the agricultural operation or use on that parcel. Examples of related buildings can include barns, sheds, poultry houses, etc. Additionally, related buildings are defined in the law to include a residence occupied by a person employed in or actively involved in the parcel’s agricultural use and who has not claimed the homeowner’s principal residence exemption on other property. Section 5: Jurisdictional Issues List the tax year(s) denied: 2024 Check what action prompted this appeal: Local Unit If you checked “other” above, explain: If Petitioner is appealing from a Board of Review denial, check which Board of Review took action: March List the date the Principal Residence Exemption or Qualified Agricultural Exemption was denied: 3/14/24 Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/ Heather Jahr
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RECEIVED
AUG 02 2024
MICHIGAN TAX TRIBUNAL
STATE OF MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
MARLON |. BROWN, DPA
GRETCHEN WHITMER
DIRECTOR
GOVERNOR
PROPERTY TAX APPEAL PETITION FORM
PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION
Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g.
document, you may be placed in default.
Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this
Section 1: Petitioner’s Contact Information
First Name
John
M..
S.
Last Name/Company Name
Harris
Mailing Address (No., Street, P.O. Box or Rural Route)
00520 46th St.
City or Town
State
ZIP Code
Blomingdale
MI
149026
Telephone Number
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 2: Petitioner’s Attorney/Authorized
M.L.
Representative’s Contact Information
First Name
.
Adam
J.
Last Name
Brody
Firm Name (if any) VARN uU M LLP
Address (No., Street, P.O. Box or Rural Route)
616-336-6461
P.O. Box 352
City or Town
State
ZIP Code
Grand Rapids,
Ml
{49501-0352
Telephone Number
Fax Number
616-336-7000
ajbrody@varnumlaw.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 3: Subject Property Information Parcel identification Number: How many if you are appealing more than one parcel, are they contiguous or adjoining? parcels areyou | [7] ves* No** appealing? *If yes, use a multiple parcel form for Information regarding any contiguous parcels. 0 ne *+f no, you must file separate appeals for each non-contiguous or nen-adjoining parcel or you will be defaulted, Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] 745 58th Street, Pullman, Michigan 49450 Taxing Authority (City or Township) County Lee Township Allegan Classification of Property: Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) % Section 4: Check which of the following you are appealing [I] Principal Residence Exemption Qualifled Agricultural Exemption Section 5: Explain the Reason for this Appeal See Attached. Section 6: Jurisdictional Issues List the tax year(s) denied: 2024 Indicate who denied the exemption under appeal: Assessor County Treasurer or Equalization Michigan Dept. of Treasury July Board of Review December Board of Review Other
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Signature *required A Petitioner or Attorney/Authorized Represéstative’s Signature: NEA aN Adam J. Brody =z
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION JOHN S. HARRIS, Petitioner, MTT Docket No. v. Parcel No. 0312-017-014-11 LEE TOWNSHIP, Respondent. Adam J. Brody (P62035) Deborah I. Ondersma (P55907) VARNUM LLP Attorneys for Petitioner 333 Bridge Street, NNW. P.O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000 ajbrody@varnumlaw.com diondersma@varnumlaw.com ATTACHMENT TO SMALL CLAIMS PETITION At all relevant times, the Property has been used in connection with Petitioner's blueberry farming operation. Prior to 2024, the Property was classified as agricultural and was the recipient of a qualified agricultural property exemption. For tax year 2024, however, Respondent changed the classification of the Property to residential and also rescinded the qualified agricultural
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Under Michigan law, a property does not need to be classified as agricultural in order to receive the qualified agricultural property exemption. To the contrary, real property is entitled to receive the qualified agricultural property exemption if it is either classified as agricultural or if it is devoted primarily (i.e. more than 50%) to agricultural use. The Property is devoted primarily to | agricultural use. In fact, the Property is devoted entirely to agricultural use. Because the Property is devoted entirely to agricultural use, it qualifies for the qualified agricultural property exemption, despite its classification as residential. In light of the foregoing, Petitioner respectfully requests that the Tribunal enter a judgment in his favor reinstating the qualified agricultural property exemption for the Property, ordering a refund, with interest, of all taxes paid in excess of the proper and legal amount, and providing any
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20
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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 John S Harris, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003784 Township Of Lee, 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 15, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 John S Harris, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003784 Township Of Lee, 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 15, 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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Page 1
RECEIVED
AUG 02 2024
MICHIGAN TAX TRIBUNAL
STATE OF MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
MARLON |. BROWN, DPA
GRETCHEN WHITMER
DIRECTOR
GOVERNOR
PROPERTY TAX APPEAL PETITION FORM
PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION
Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g.
document, you may be placed in default.
Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this
Section 1: Petitioner’s Contact Information
First Name
John
M..
S.
Last Name/Company Name
Harris
Mailing Address (No., Street, P.O. Box or Rural Route)
00520 46th St.
City or Town
State
ZIP Code
Blomingdale
MI
149026
Telephone Number
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 2: Petitioner’s Attorney/Authorized
M.L.
Representative’s Contact Information
First Name
.
Adam
J.
Last Name
Brody
Firm Name (if any) VARN uU M LLP
Address (No., Street, P.O. Box or Rural Route)
616-336-6461
P.O. Box 352
City or Town
State
ZIP Code
Grand Rapids,
Ml
{49501-0352
Telephone Number
Fax Number
616-336-7000
ajbrody@varnumlaw.com
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 3: Subject Property Information Parcel identification Number: How many if you are appealing more than one parcel, are they contiguous or adjoining? parcels areyou | [7] ves* No** appealing? *If yes, use a multiple parcel form for Information regarding any contiguous parcels. 0 ne *+f no, you must file separate appeals for each non-contiguous or nen-adjoining parcel or you will be defaulted, Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] 745 58th Street, Pullman, Michigan 49450 Taxing Authority (City or Township) County Lee Township Allegan Classification of Property: Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) % Section 4: Check which of the following you are appealing [I] Principal Residence Exemption Qualifled Agricultural Exemption Section 5: Explain the Reason for this Appeal See Attached. Section 6: Jurisdictional Issues List the tax year(s) denied: 2024 Indicate who denied the exemption under appeal: Assessor County Treasurer or Equalization Michigan Dept. of Treasury July Board of Review December Board of Review Other
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Signature *required A Petitioner or Attorney/Authorized Represéstative’s Signature: NEA aN Adam J. Brody =z
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION JOHN S. HARRIS, Petitioner, MTT Docket No. v. Parcel No. 0312-017-014-11 LEE TOWNSHIP, Respondent. Adam J. Brody (P62035) Deborah I. Ondersma (P55907) VARNUM LLP Attorneys for Petitioner 333 Bridge Street, NNW. P.O. Box 352 Grand Rapids, MI 49501-0352 (616) 336-6000 ajbrody@varnumlaw.com diondersma@varnumlaw.com ATTACHMENT TO SMALL CLAIMS PETITION At all relevant times, the Property has been used in connection with Petitioner's blueberry farming operation. Prior to 2024, the Property was classified as agricultural and was the recipient of a qualified agricultural property exemption. For tax year 2024, however, Respondent changed the classification of the Property to residential and also rescinded the qualified agricultural
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Under Michigan law, a property does not need to be classified as agricultural in order to receive the qualified agricultural property exemption. To the contrary, real property is entitled to receive the qualified agricultural property exemption if it is either classified as agricultural or if it is devoted primarily (i.e. more than 50%) to agricultural use. The Property is devoted primarily to | agricultural use. In fact, the Property is devoted entirely to agricultural use. Because the Property is devoted entirely to agricultural use, it qualifies for the qualified agricultural property exemption, despite its classification as residential. In light of the foregoing, Petitioner respectfully requests that the Tribunal enter a judgment in his favor reinstating the qualified agricultural property exemption for the Property, ordering a refund, with interest, of all taxes paid in excess of the proper and legal amount, and providing any
Page 6
20
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