Kap-Land LLC, Petitioner V Township Of Richland, Respondent
- Petitioner
- Kap-Land LLC
- Respondent
- Township Of Richland
Case overview
- Docket number
- 24-003600-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Kalamazoo
- Judge
- Mulchay, Sean
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 18 | Order Correcting Docket | Not recorded | Not recorded | 11/19/2025 | Not recorded | Download |
| 17 | Final Opinion and Judgment | Not recorded | Not recorded | 11/19/2025 | Not recorded | Download |
| 16 | Proposed Order Updating Docket | Not recorded | Not recorded | 10/09/2025 | Not recorded | Download |
| 15 | Proposed Opinion and Judgment | Not recorded | Not recorded | 10/09/2025 | Not recorded | Download |
| 14 | Hearing Completed | Not recorded | Not recorded | 08/26/2025 | Not recorded | Not recorded |
| 13 | Evidence was received. | Not recorded | Not recorded | 08/11/2025 | Not recorded | Download |
| 12 | Proof of Service of Misc Documents was received. | RESP | Not recorded | 08/05/2025 | Not recorded | Download |
| 11 | Evidence was received. | RESP | Not recorded | 08/05/2025 | Not recorded | Download |
| 10 | Notice of Hearing | Not recorded | Not recorded | 06/11/2025 | Not recorded | Download |
| 9 | A hearing has been scheduled | Not recorded | Not recorded | 06/11/2025 | Not recorded | Not recorded |
| 8 | Order Setting Aside R Default | Not recorded | Not recorded | 12/11/2024 | Not recorded | Download |
| 7 | Notice of Filing | Not recorded | Not recorded | 12/11/2024 | Not recorded | Download |
| 6 | Attachments to the Answer were filed | Not recorded | Not recorded | 12/02/2024 | Not recorded | Download |
| 5 | Answer was received | Not recorded | Not recorded | 12/02/2024 | Not recorded | Download |
| 4 | Order Holding Party in Default | Not recorded | Not recorded | 11/18/2024 | Not recorded | Download |
| 3 | Petition has been verified | Not recorded | 1 | 10/02/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/02/2024 | Not recorded | Download |
| 1 | A petition was received. | Not recorded | Not recorded | 06/28/2024 | $100.00 | Download |
Documents
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Kap-Land LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Richland Township, Presiding Judge Respondent. Patricia L. Halm FINAL OPINION AND JUDGMENT ORDER CORRECTING DOCKET The Tribunal issued a Proposed Opinion and Judgment (POJ) on October 9, 2025. The POJ states, in pertinent part, “[t]he parties have 20 days from the ‘Entered’ date below to notify the Tribunal 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., file exceptions to the POJ).” Neither party 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 is supported by the testimony and evidence and applicable statutory and case law. Given the above, the Tribunal adopts the POJ as the Tribunal’s final decision in this case.1 The Tribunal also incorporates by reference the Findings of Fact and Conclusions of Law contained in the POJ in this Final Opinion and Judgment. As a result: The property’s special assessment, as established by Respondent, is: Parcel Number: 03-02-176-013 Type of Special Assessment Special Assessment to be Levied Road Paving $5,511.64 The property’s final special assessment, as determined by the Tribunal, is: Parcel Number: 03-02-176-013 Type of Special Assessment Special Assessment to be Levied Road Paving $5,511.64 IT IS SO ORDERED. 1 See MCL 205.726.
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MTT Docket No. 24-003600 Page 2 of 3 IT IS FURTHER ORDERED that the docket is CORRECTED to reflect Kap-Land LLC as Petitioner in this matter. IT IS FURTHER ORDERED that Respondent shall cause its records to be corrected to reflect the special assessment as finally shown in this Final Opinion and Judgment within 20 days of the entry of this Final Opinion and Judgment. IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected special assessment shall collect the assessment and any applicable interest or issue a refund within 28 days of entry of this Final Opinion and Judgment. This Final Opinion and Judgment 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 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
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MTT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Kap-Land LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Richland Township, Presiding Judge Respondent. Patricia L. Halm FINAL OPINION AND JUDGMENT ORDER CORRECTING DOCKET The Tribunal issued a Proposed Opinion and Judgment (POJ) on October 9, 2025. The POJ states, in pertinent part, “[t]he parties have 20 days from the ‘Entered’ date below to notify the Tribunal 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., file exceptions to the POJ).” Neither party 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 is supported by the testimony and evidence and applicable statutory and case law. Given the above, the Tribunal adopts the POJ as the Tribunal’s final decision in this case.1 The Tribunal also incorporates by reference the Findings of Fact and Conclusions of Law contained in the POJ in this Final Opinion and Judgment. As a result: The property’s special assessment, as established by Respondent, is: Parcel Number: 03-02-176-013 Type of Special Assessment Special Assessment to be Levied Road Paving $5,511.64 The property’s final special assessment, as determined by the Tribunal, is: Parcel Number: 03-02-176-013 Type of Special Assessment Special Assessment to be Levied Road Paving $5,511.64 IT IS SO ORDERED. 1 See MCL 205.726.
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MTT Docket No. 24-003600 Page 2 of 3 IT IS FURTHER ORDERED that the docket is CORRECTED to reflect Kap-Land LLC as Petitioner in this matter. IT IS FURTHER ORDERED that Respondent shall cause its records to be corrected to reflect the special assessment as finally shown in this Final Opinion and Judgment within 20 days of the entry of this Final Opinion and Judgment. IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected special assessment shall collect the assessment and any applicable interest or issue a refund within 28 days of entry of this Final Opinion and Judgment. This Final Opinion and Judgment 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 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
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MTT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Katharine Boudeman, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Richland Township, Case Type: Special Assessment Respondent. PROPOSED OPINION AND JUDGMENT PROPOSED ORDER CORRECTING DOCKET Personnel Presiding: Sean M. Mulchay, Administrative Law Judge Location of Hearing: Telephonic Hearing Hearing Held on: August 26, 2025 Appearances on Behalf of Petitioner: Katharine Boudeman Appearances on Behalf of Respondent: Robert Thall PROPOSED JUDGMENT The special assessment at issue shall be as follows: Parcel Number: 03-02-176-013 Type of Special Assessment Total Amount to be Levied Road Paving $5,511.64 PROCEDURAL HISTORY Petitioner protested the special assessment at the hearing held to confirm the special assessment roll. The hearing was held on June 18, 2024. The special assessment roll was confirmed at the hearing. Petitioner filed a petition with the Tribunal on June 28, 2024, and Respondent filed an answer on December 2, 2024. ISSUES AND APPLICABLE LAW The issue in this matter is as follows:
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MTT Docket No. 24-003600 Page 2 of 9 1. Whether the benefit from the special assessment is proportional to the cost of the improvement. The Michigan Supreme Court has held: A special assessment is a levy upon property within a specified district. Although it resembles a tax, a special assessment is not a tax. In contrast to a tax, a special assessment is imposed to defray the costs of specific local improvements, rather than to raise revenue for general governmental purposes . . . . In other words, a special assessment can be seen as remunerative; it is a specific levy designed to recover the costs of improvements that confer local and peculiar benefits upon property within a defined area.1 Special assessments “are permissible only when the improvements result in an increase in the value of the land specially assessed,”2 and to be valid “‘there must be some proportionality between the amount of the special assessment and the benefits derived therefrom.’”3 The Court of Appeals has held that “[t]he essential question is not whether there was any change in market value, but rather whether the market value of the assessed property was increased as a result of the improvement.”4 Further, Common sense dictates that in order to determine whether the market value of an assessed property has been increased as a result of an improvement, the relevant comparison is not between the market value of the assessed property after the improvement and the market value of the assessed property before the improvement, but rather it is between the market value of the assessed property with the improvement and the market value of the assessed property without the improvement.5 It is well settled, however, that municipal decisions regarding special assessments are presumed valid and should generally be upheld.6 When reviewing the validity of special assessments, it is not the task of courts to determine whether there is ‘a rigid dollar-for-dollar balance between the amount of the special assessment and the amount of the benefit . . . .’ Rather, a special assessment will be declared invalid only when the party challenging the assessment demonstrates that ‘there is a substantial or unreasonable disproportionality between the amount assessed and
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MTT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Katharine Boudeman, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Richland Township, Case Type: Special Assessment Respondent. PROPOSED OPINION AND JUDGMENT PROPOSED ORDER CORRECTING DOCKET Personnel Presiding: Sean M. Mulchay, Administrative Law Judge Location of Hearing: Telephonic Hearing Hearing Held on: August 26, 2025 Appearances on Behalf of Petitioner: Katharine Boudeman Appearances on Behalf of Respondent: Robert Thall PROPOSED JUDGMENT The special assessment at issue shall be as follows: Parcel Number: 03-02-176-013 Type of Special Assessment Total Amount to be Levied Road Paving $5,511.64 PROCEDURAL HISTORY Petitioner protested the special assessment at the hearing held to confirm the special assessment roll. The hearing was held on June 18, 2024. The special assessment roll was confirmed at the hearing. Petitioner filed a petition with the Tribunal on June 28, 2024, and Respondent filed an answer on December 2, 2024. ISSUES AND APPLICABLE LAW The issue in this matter is as follows:
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MTT Docket No. 24-003600 Page 2 of 9 1. Whether the benefit from the special assessment is proportional to the cost of the improvement. The Michigan Supreme Court has held: A special assessment is a levy upon property within a specified district. Although it resembles a tax, a special assessment is not a tax. In contrast to a tax, a special assessment is imposed to defray the costs of specific local improvements, rather than to raise revenue for general governmental purposes . . . . In other words, a special assessment can be seen as remunerative; it is a specific levy designed to recover the costs of improvements that confer local and peculiar benefits upon property within a defined area.1 Special assessments “are permissible only when the improvements result in an increase in the value of the land specially assessed,”2 and to be valid “‘there must be some proportionality between the amount of the special assessment and the benefits derived therefrom.’”3 The Court of Appeals has held that “[t]he essential question is not whether there was any change in market value, but rather whether the market value of the assessed property was increased as a result of the improvement.”4 Further, Common sense dictates that in order to determine whether the market value of an assessed property has been increased as a result of an improvement, the relevant comparison is not between the market value of the assessed property after the improvement and the market value of the assessed property before the improvement, but rather it is between the market value of the assessed property with the improvement and the market value of the assessed property without the improvement.5 It is well settled, however, that municipal decisions regarding special assessments are presumed valid and should generally be upheld.6 When reviewing the validity of special assessments, it is not the task of courts to determine whether there is ‘a rigid dollar-for-dollar balance between the amount of the special assessment and the amount of the benefit . . . .’ Rather, a special assessment will be declared invalid only when the party challenging the assessment demonstrates that ‘there is a substantial or unreasonable disproportionality between the amount assessed and
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MTT
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RECEIVED AUG 1 52005 MICHIGAN TAX TRIBUNAL DATE: August 11, 2025 TO: Michigan Tax Tribunal Small Claims Division PO Box 30232 Lansing, MI 48909 FROM: Katharine Boudeman (dba Kap-Land LLC) - Petitioner 9529 Sterling Road Richland, Ml 49083 RE: Katharine Boudeman vs. Township of Richland MTT Dockett No. 24-003600-TT Dear Chief Clerk, Enclosed is the Petitioner’s written evidence for this matter: 1. Explanation and Reason for Appeal — Property Tax Appeal Petition Form 2. Attachments with cover letter and Exhibits E-1 to E-8 The Petitioner, Katharine Boudeman dba Kap-Land LLC, respectfully requests that this evidence be accepted within 21 days of the hearing date on August 26, 2025 and that the special assessment be repealed. Sincerely, Kitfows "Boudorrmon Katharine Boudeman
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GRETCHEN WHITMER
GOVERNOR
STATE OF MICHIGAN
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
LANSING
MARLON |. BROWN, DPA
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
SPECIAL ASSESSMENT
Section 1: Petitioner's Contact Information
First Name
“A
Last Name/Company Name
thor Ne.
ocudemaon
Maillng Address (No., Street, P.O. Box or Rural Route)
9539 Stechng
Road
City or Town
State
i
ZiP Vile
-
Richland
MT
H90%3
Telephone Number
209-998 b743
E-mail Address (do not enter unless you want MTT to send alt correspondence via e-mail)
Southpans 790) acl. com
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
First Name
ML
Last Name
Firm Name (if any)
Mailing Address (No., Street, P.O. Box or Rural Route)
City or Town
State
21P Code
Telephone Number
Email Address {do not enter unless you want MTT to send all correspondence via email)
Section 3: Subject Property Information
How many
if you are appealing more than one parcel, are they contiguous or adjoining?
parcels are you
Yes*
[J No
[NA
appealing?
*if yes, use a muitiple parcel form for information regarding any contiguous parcels.
J
**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you witl be defaulted.
M-43
Hwy
Property Address (No., Street, City, ST, ZIP) [if multiple, list first property's address}
Parcel identification Number):
03-02-7b-013Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain the Reason for this Appeal See enclosed cover |etfer and Exhibits £-| to 8 " fet hioner’s Evidence For Fearing) Section 5: Jurisdictional Issues N Did you protest the special assessment at the hearing held to confirm the special assessment roli? Xx Yes [] No If Yes, what was the date of the hearing held to confirm the special assessment rofl? lofIg/a03Y If No, explain: Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature ‘required Petitioner or Attorney/Authorized Representative’s Signature: w Bilfocone A. Rondorcar 3, [965
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Cover Lefer RE: KATHARINE BOUD! VS. TOW IP OF RICHLAND MTT DOCKET NO. 24-003600-TT EXHIBITS & EVIDENCE FOR HEARING 1, Katharine Boudeman dba Kap-Land LLC, am appealing my parcel #03-02-176-013 from being included in the Richland Township, Kalamazoo County Tanglewood Hills/Sterling Avenue Special Assessment District (SAD) with a special tax assessment of $5,511.64 per parcel to repave Sterling Avenue (a private neighborhood road). The township indicated that this parcel is located at the dead end of Sterling Avenue and, therefore, has “frontage” on Sterling Avenue so it must be included in this project. | am appealing my parcel #03-02-176-013 from being included in the SAD for the following reasons: 1. The parcel is a “vacant” 45 acres
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E
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL KATHARINE BOUDEMAN, Petitioner, MTT Docket No. 24-003600-TT v TOWNSHIP OF RICHLAND, Respondent. Katharine Boudeman IN PRO PER 9529 Sterling Ave. Robert E. Thall (P46421) BAUCKHAM, THALL, SEEBER, . KAUFMAN & KOCHES, P.C. Go) 965.01. 20 Attorney for Respondent 470 W. Centre Ave., Ste. A Southpaw769@aol.com Portage, MI 49024 269-382-4500 thall@michigantownshiplaw.com PROOF OF SERVICE Sandra L. Bosse states that on August 5g , 2025, she served a copy of an Respondent’s Written Evidence and Proof of Service in this matter by first-class mail, postage fully prepaid, upon Petitioner’s at the address as listed above. Sandra LL. Bosse
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BAUCKHAM, 470 W. CENTRE AVE, SUITE A PORTAGE, MI 49024-5362 THALL, SEEBER, KAUFMAN & KOCHES P.C. ATTORNEYS AT LAW 201 STATE STREET, SUITE 10 CHARLEVOIX, MI 49720-1371 TELEPHONE (269) 382-4500 FAX (269) 382-2040 www.michigantownshiplaw.com ROBERT E. THALL ROXANNE C. SEEBER CATHERINE P. KAUFMAN T. SETH KOCHES LORI COATES HAY JOSHUA E. THALL MICHAEL W. BILA ERIN J. GESCHWENDT NICOLE E. ESSAD State of Michigan Michigan Tax Tribunal Small Claims Division PO Box 30232 Lansing, MI 48909-7732 JOHN H. BAUCKHAM 1923 - 2015 HARRY F. SMITH 1906 — 1972 BRYAN E. GRAHAM (Of Counsel) August 5, 2025 RE: Katharine Boudeman v Township of Richland MTT Docket No. 24-003600-TT Dear Chief Clerk, Please consider the following as Respondents written evidence in this matter: 1. Answer Form with attachments. 2. Deed to property. 3. Articles of Organization of subject property owner. 4. Photo of Sterling Avenue street end accessing the subject property. 5. Overhead view of subject property. The Respondent Township respectfully requests that the subject parcel’s special assessment be upheld. Sincerely,
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EXHIBIT 1
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MOAHR DOCKET NO. 24-003600 Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in default Section 1: Respondent’s Contact Information Unit of Government Township Of Richland (KALAMAZOO) Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name MI Last Name Robert E Thall Firm Name (if any) Address (No, Street, P.O. Box or Rural Route) 470 W. Centre Ave., Suite A City or Town State ZIP Code Portage Michigan 49024-5362 Telephone Number Fax Number 269-382-4500 269-382-2040 E-mail Address thall @michigantownshiplaw.com Section 3: Subject Property Information Parcel Identification Number(s): 03-02-176-013 Tf multiple parcels are being appealed are they contiguous or adjoining? N/A Taxing Authority (City or Township) County Township Of Richland (KALAMAZOO) Kalamazoo
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR See Attached Section 4. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes ‘What was the date of the hearing held to confirm the special assessment roll? 6/18/2024 How many years is the special assessment being levied? What is the total amount of the special assessment being levied (per parcel)? 15 5511.75 ‘What is the basis for the special assessment? Identify the applicable statutory provision. PA 188 of 1954; MCL 41.722(m). Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/_Robert E Thall
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR LANSING MARLON |. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MTT DOCKET NO. 24-003600-TT default. Pursuant to Michigan Tax Tribunal Rule (TTR) 279(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in Section 1: Respondent’s Contact Information Unit of
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003600 Township Of Richland, 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 26, 2025 HEARING TIME: 11:30 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.
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MTT Docket No. 24-003600 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
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Respondent was held in default on November 18, 2024, and the default has been timely cured. The documents curing the default can be reviewed through the docket search function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket number and clicking on the document link next to the line item entry for the documents. Therefore, IT IS ORDERED that the Default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: December 11, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Respondent was held in default on November 18, 2024, and the default has been timely cured. The documents curing the default can be reviewed through the docket search function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket number and clicking on the document link next to the line item entry for the documents. Therefore, IT IS ORDERED that the Default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: December 11, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, 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. 24-003600 Page 2 of 8 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 11, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, Respondent. NOTICE OF FILING TAKE NOTICE that a Small
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MT
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pcre, a) on Soi STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MTT DOCKET NO. 24-003600-TT Pursuant to Michigan Tax Tribunal Rule (TTR) 279(4), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in default. Section 1: Respondent’s Contact Information Unit of Government: Richland Township, Kalamazoo County Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Mm. Last Name Robert E. Thall mm Bauckham, Thall, Seeber, Kaufman & Koches, P.C. Address (No., Street, P.O. Box or Rural Route) 470 W. Centre Ave. Ste. A City or Town State ZIP Code Portage Mi 49024 Telephone Number Fax Number (269) 382-4500 (269) 382-2040 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) thall@michigantownshiplaw.com Section 3: Subject Property Information Parcel Identification Number(s): 03-02-176-013 If multiple parcels are being appealed are they contiguous or adjoining? Oves Ono [na Taxing Authority (City or Township) County Richland Township Kalamazoo
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal The subject parcel of real property is located in Richland Township, Kalamazoo County, Michigan and has frontage and access off of Sterling Avenue. The Respondent has created a special assessment district pursuant to the provisions of Public Act 188 of 1954, as amended, for the purposes of funding proposed road improvements, repairs, and maintenance on Sterling Avenue. The subject property was included in the district as having frontage on Sterling Avenue. lt is included with the other properties that have frontage on Sterling Avenue. The Township followed proper procedure to establish the special assessment and approved the special assessment roll on June 18, 2024 (see attached Resolution confirming the special assessment roll). The subject property is within the special assessment district and received an assessment. The Township acted within its lawful discretion setting the special assessment roll and assessment on the subject parcel which amount is the relative portion of the whole sum to be levied against all parcels of land in the special assessment district as the benefit to the parcel of land bears to the total benefit of all parcels in the special assessment district. The subject real property receives a special benefit different than owners of the public in general as it has access and frontage off of Sterling Avenue. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? \ Yes [No What was the date of the hearing held to confirm the special assessment roll? 06/18/2024 How many years is the special assessment being levied? What is the total amount of the special assessment being levied (per parcel)? Installment payment over 1 5 yea rs 5,511.75 one time or 367.45 plus int. at 5% on installment payments What is the basis for the special assessment? Identify the applicable statutory provision. Public Act 188 of 1954; MCL 41.722(m) Signature *required P77 i "Robert E. Thall P46421
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7401. North 32M Street 8 i C im L A N re Richland, Wit 49083 By) as Phone: (269) 629-4921 By Aadum no Whi LE t0 29 Parcels En — RESOLUTION NUMBER 24-06-15
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RICHLAND
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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 SPECIAL ASSESSMENT MOAHR DOCKET NO. 24-003600 Section 1: Respondent’s Contact Information Unit of Government Township Of Richland (KALAMAZOO) Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Robert M.I. E Last Name Thall Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 470 W. Centre Ave., Suite A City or Town Portage State Michigan ZIP Code 49024-5362 Telephone Number 269-382-4500 Fax Number 269-382-2040 E-mail Address thall@michigantownshiplaw.com Section 3: Subject Property Information Parcel Identification Number(s): 03-02-176-013 If multiple parcels are being appealed are they contiguous or adjoining? N/A Taxing Authority (City or Township) Township Of Richland (KALAMAZOO) County Kalamazoo Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) 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 See Attached Section 4. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes What was the date of the hearing held to confirm the special assessment roll? 6/18/2024 How many years is the special assessment being levied? 15 What is the total amount of the special assessment being levied (per parcel)? 5511.75 What is the basis for the special assessment? Identify the applicable statutory provision. PA 188 of 1954; MCL 41.722(m). Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/ Robert E Thall
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, 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: November 18, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003600 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)
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, 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
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MTT Docket No.
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STATE
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MT
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RECEIVED JUL 02 2024 MICHIGAN TAX TRIBUNAL GRETCHEN WHITMER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON |. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT Section 1: Petitioner’s Contact Information First Name Mm. Katharine Last Name/Company Name "Boud ema Mailing Address (No., Street, P.O. Box or Rural Route) A529 Steclina Avenue City or Town U State Ai chland ZIP Code £49083 Telephone Number A9-998- 743 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Southpaw 79 (@ ool. 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 parcelsareyou | [] ves* [J No [J NA appealing? If you are appealing more than one parcel, are they contiguous or adjoining? *If yes, use a multiple parcel form for information regarding any contiguous parcels. | **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] M-42 HwY
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ye STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain the Reason for this Appeal See Adtachment 4 | Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? ™ Yes O No If Yes, what was the date of the hearing held to confirm the special assessment roll? 1/18/24 (act preset at rection) Prostected In soritha ral 9/24 ( 5&8 Affach ment #2) Pretested ND PRLSO Fee Information: Protest was denied by mayority ore at 5/21/24 Huwaship bead A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature +required Petitioner or Attorney/Authorized Representative’s Signature: uw HaParme O. Bovdsrman b/27/24 ot Ylipi2Yy # 5/21/24 township bead ree Wir ne “3
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Aftachment # | | am appealing the SAD & special tax assessment of $5,511.64 per parcel for repaving Sterling Avenue (a private neighborhood road). The township indicated that this parcel is located at the dead end of Sterling Avenue and, therefore, has “frontage” on Sterling Avenue so it must be included in this project. | object for the following reasons: 1a The parcel will not receive a “direct and unique benefit” from the project, the property will not be “enhanced” by the road improvement, and it will not “impact or increase the market value” of the land - which are all requirements to be met for a special tax assessment. The parcel is a “vacant” 45 acres of land with no buildings that is located adjacent to sterling Avenue. (See AflachmenT #3) | purchased this land in 2002 from a local farmer to prevent a housing development and the land has remained woodlands, marsh and prairie grasses ever since. It is my intention to place the parcel into a legally binding conservation easement upon my death to prevent any future housing developments and to maintain a “nature preserve” in perpetuity. The parcel is not located nor is it a parcel in the adjacent registered plat of “Tanglewood Hills” (29 parcels) where Sterling Avenue is a private road within that plat. (Sex. Alochment # 3) The primary parcel access is M43 Highway, not Sterling Avenue. This is verified by the “draft tax
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A
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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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, 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 2, 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 Katharine Boudeman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003600 Township Of Richland, 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 2, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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RECEIVED JUL 02 2024 MICHIGAN TAX TRIBUNAL GRETCHEN WHITMER GOVERNOR STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON |. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT Section 1: Petitioner’s Contact Information First Name Mm. Katharine Last Name/Company Name "Boud ema Mailing Address (No., Street, P.O. Box or Rural Route) A529 Steclina Avenue City or Town U State Ai chland ZIP Code £49083 Telephone Number A9-998- 743 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Southpaw 79 (@ ool. 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 parcelsareyou | [] ves* [J No [J NA appealing? If you are appealing more than one parcel, are they contiguous or adjoining? *If yes, use a multiple parcel form for information regarding any contiguous parcels. | **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] M-42 HwY
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ye STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain the Reason for this Appeal See Adtachment 4 | Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? ™ Yes O No If Yes, what was the date of the hearing held to confirm the special assessment roll? 1/18/24 (act preset at rection) Prostected In soritha ral 9/24 ( 5&8 Affach ment #2) Pretested ND PRLSO Fee Information: Protest was denied by mayority ore at 5/21/24 Huwaship bead A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature +required Petitioner or Attorney/Authorized Representative’s Signature: uw HaParme O. Bovdsrman b/27/24 ot Ylipi2Yy # 5/21/24 township bead ree Wir ne “3
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Aftachment # | | am appealing the SAD & special tax assessment of $5,511.64 per parcel for repaving Sterling Avenue (a private neighborhood road). The township indicated that this parcel is located at the dead end of Sterling Avenue and, therefore, has “frontage” on Sterling Avenue so it must be included in this project. | object for the following reasons: 1a The parcel will not receive a “direct and unique benefit” from the project, the property will not be “enhanced” by the road improvement, and it will not “impact or increase the market value” of the land - which are all requirements to be met for a special tax assessment. The parcel is a “vacant” 45 acres of land with no buildings that is located adjacent to sterling Avenue. (See AflachmenT #3) | purchased this land in 2002 from a local farmer to prevent a housing development and the land has remained woodlands, marsh and prairie grasses ever since. It is my intention to place the parcel into a legally binding conservation easement upon my death to prevent any future housing developments and to maintain a “nature preserve” in perpetuity. The parcel is not located nor is it a parcel in the adjacent registered plat of “Tanglewood Hills” (29 parcels) where Sterling Avenue is a private road within that plat. (Sex. Alochment # 3) The primary parcel access is M43 Highway, not Sterling Avenue. This is verified by the “draft tax
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A
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