Keith M Van Tubergen, Barbara J Van Tubergen, Petitioners V Township Of Troy, Respondent
- Petitioner
- Keith M Van Tubergen, Barbara J Van Tubergen
- Respondent
- Township Of Troy
Case overview
- Docket number
- 24-003576-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Newaygo
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 17 | Consent Judgment | Not recorded | Not recorded | 03/25/2025 | Not recorded | Download |
| 16 | Granted | Not recorded | 15 | 03/25/2025 | Not recorded | Download |
| 15 | A Stipulation has been received. | Not recorded | Not recorded | 03/21/2025 | $25.00 | Download |
| 14 | Order Denying Motion | Not recorded | Not recorded | 03/11/2025 | Not recorded | Download |
| 13 | A Stipulation has been received. | Not recorded | Not recorded | 03/06/2025 | $25.00 | Download |
| 12 | Order Denying Motion | Not recorded | Not recorded | 02/28/2025 | Not recorded | Download |
| 11 | A Stipulation has been received. | Not recorded | Not recorded | 02/27/2025 | $25.00 | Download |
| 10 | Order for Default Hearing | Not recorded | Not recorded | 02/11/2025 | Not recorded | Download |
| 9 | Order extending default | Not recorded | 7 | 01/07/2025 | Not recorded | Download |
| 8 | Response to Order | RESP | Not recorded | 12/03/2024 | Not recorded | Download |
| 7 | Order Holding Party in Default | Not recorded | Not recorded | 11/20/2024 | Not recorded | Download |
| 6 | Order Setting Aside P Default | Not recorded | Not recorded | 11/19/2024 | Not recorded | Download |
| 5 | Amended Petition | Not recorded | Not recorded | 10/10/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 09/30/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 09/30/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/30/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 09/20/2024 | $125.00 | 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 Matthew L Holmes, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 23-000942 Casco Township, Presiding Judge Respondent. Marcus L. Abood ORDER GRANTING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT CONSENT JUDGMENT The Tribunal has reviewed the Stipulation and finds that it comports with the mandates of State law.1 As a result, the Tribunal shall enter the parties’ Stipulation. Therefore, IT IS ORDERED that the Joint Stipulation for Entry of Consent Judgment including all attachments, terms and conditions is GRANTED and ADOPTED, unless otherwise indicated. IT IS FURTHER ORDERED that the officer charged with maintaining the assessment rolls for the tax years at issue shall correct or cause the assessment rolls to be corrected to reflect the property’s true cash and taxable values as provided in this Consent Judgment within 20 days of the entry of the Consent Judgment.2 IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected taxes shall collect taxes and any applicable interest or issue a refund as required by the Consent Judgment within 28 days of the entry of the Consent Judgment. If a refund is warranted, it shall, unless otherwise indicated, include a proportionate share of any property tax administration fees paid and of penalty and interest paid on delinquent taxes. The refund shall also, unless otherwise indicated, separately indicate the amount of the taxes, fees, penalties, and interest being refunded. A sum determined by the Tribunal to have been unlawfully paid shall, unless otherwise indicated, bear interest from the date of payment to the date of judgment and the judgment shall bear interest to the date of its payment. A sum determined by the Tribunal to have been underpaid shall not bear interest for any time period prior to 28 days after the issuance of this Consent Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, through June 30, 2016, at the rate of 4.25%, (ii) after June 30, 2016, through December 31, 2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at the rate of 4.50%, (iv) after June 30, 1 See MCL 211.27a. 2 See MCL 205.755.
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MTT Docket No. 23-000942 Page 2 of 2 2017, through December 31, 2017, at the rate of 4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after December 31, 2018, through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 2019, through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (xv) after December 31, 2023, through June 30, 2024, at the rate of 9.30%, (xvi)
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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 _____________________________, MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. _____________________________, Respondent(s) STIPULATION FOR ENTRY OF CONSENT JUDGMENT (VALUATION) 1. The subject property is in _________________________________ County. 2. Parcel Number: ____________________________________________. (If more than one parcel is at issue, attach a completed Multiple Parcel Stipulation Form addressing all other parcels at issue.) 3. The values for the property identified above as established by Respondent’s Board of Review are: Tax year Assessed Value (AV) Taxable Value (TV) 4. The values for the property identified above as stipulated by the parties for settlement purposes are: Tax year True Cash Value AV TV 5. If the stipulated TV does not equal the prior year TV multiplied by the applicable inflation rate multiplier, explain why (e.g., transfer of ownership, additions, losses, omitted property etc.) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 6. List any special terms or conditions being proposed by the parties that would affect the execution of a Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc. (attach additional page if necessary): ___________________________________________________________________ Keith Van Tubergen and Barbara Van Tubergen 24-003575 TROY TOWNSHIP NEWAYGO 62-01-28-100-008 2024 100,000 100,000 2024 $200,000.00 100,000 $66,912.00 The structure was destroyed by fire. It was replaced by a new structure that had a larger footprint. The larger footprint accounts for the increase in the taxable value. If there was an overpayment, any amounts overpaid will be credited to 2025. Any deficiency will paid without
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MTT Docket No. ___________ Page 2 of 2 ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ NOTE: The Stipulation MUST include ALL parcels and ALL tax years included in the appeal (including subsequent tax years on or after April 1 of each year for appeals pending in the Small Claims Division). The parties may agree, however, to withdraw the appeal of specific parcels and/or tax year(s). IF APPLICABLE, complete the following section(s). Otherwise, LEAVE BLANK. 7. The parties agree to the withdrawal of parcel number: __________________________________________. (If more than one parcel is being withdrawn, attach a separate page addressing all other parcels being withdrawn.) 8. The parties agree to the withdrawal of tax year(s) ____________________. Signature of Petitioner’s Authorized Representative or, if none, Petitioner: __________________________________________________________________ Printed Name:_______________________________________________________ Date: ______________________________________________________________ Signature of Respondent’s
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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 _____________________________, MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. _____________________________, Respondent(s) STIPULATION FOR ENTRY OF CONSENT JUDGMENT (VALUATION) 1. The subject property is in _________________________________ County. 2. Parcel Number: ____________________________________________. (If more than one parcel is at issue, attach a completed Multiple Parcel Stipulation Form addressing all other parcels at issue.) 3. The values for the property identified above as established by Respondent’s Board of Review are: Tax year Assessed Value (AV) Taxable Value (TV) 4. The values for the property identified above as stipulated by the parties for settlement purposes are: Tax year True Cash Value AV TV 5. If the stipulated TV does not equal the prior year TV multiplied by the applicable inflation rate multiplier, explain why (e.g., transfer of ownership, additions, losses, omitted property etc.) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 6. List any special terms or conditions being proposed by the parties that would affect the execution of a Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc. (attach additional page if necessary): ___________________________________________________________________ Keith Van Tubergen and Barbara Van Tubergen 24-003575 TROY TOWNSHIP NEWAYGO 62-01-28-100-008 2024 100,000 100,000 2024 $200,000.00 100,000 $66,912.00 The structure was destroyed by fire. It was replaced by a new structure that had a larger footprint. The larger footprint accounts for the increase in the taxable value. If there was an overpayment, any amounts overpaid will be credited to 2025. Any deficiency will paid without
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MTT Docket No. ___________ Page 2 of 2 ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ NOTE: The Stipulation MUST include ALL parcels and ALL tax years included in the appeal (including subsequent tax years on or after April 1 of each year for appeals pending in the Small Claims Division). The parties may agree, however, to withdraw the appeal of specific parcels and/or tax year(s). IF APPLICABLE, complete the following section(s). Otherwise, LEAVE BLANK. 7. The parties agree to the withdrawal of parcel number: __________________________________________. (If more than one parcel is being withdrawn, attach a separate page addressing all other parcels being withdrawn.) 8. The parties agree to the withdrawal of tax year(s) ____________________. Signature of Petitioner’s Authorized Representative or, if none, Petitioner: __________________________________________________________________ Printed Name:_______________________________________________________ Date: ______________________________________________________________ Signature of Respondent’s
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER DENYING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT The Tribunal has reviewed the case file and the stipulation, filed on March 6, 2025, and finds that: the parties have stipulated to true cash and/or assessed value that does not appear to be in compliance with MCL 211.27a(1), which states that "property shall be assessed at 50% of its true cash value . . . ." Id. See also MCL 205.737. Therefore, IT IS ORDERED that the Parties’ Joint Stipulation for Entry of Consent Judgment is DENIED. IT IS FURTHER ORDERED that a hearing in this case shall be scheduled in the normal course. IT IS FURTHER ORDERED that because this Stipulation for Entry of Consent Judgment is no longer pending before the Tribunal, a new stipulation is required for any future settlement. However, if the new stipulation is filed within 14 days of the issuance of this Order, no additional filing fee is required. By _____________________________ Jason C. Grinnell, Tribunal Member Entered: March 11, 2025 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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MTT Docket No. 24-003576 Page 2 of 5
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Michael T Van Tubergen VTH LAW 114 N Third St Grand Haven , MI 49417
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER DENYING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT The Tribunal has reviewed the case file and the stipulation, filed on March 6, 2025, and finds that: the parties have stipulated to true cash and/or assessed value that does not appear to be in compliance with MCL 211.27a(1), which states that "property shall be assessed at 50% of its true cash value . . . ." Id. See also MCL 205.737. Therefore, IT IS ORDERED that the Parties’ Joint Stipulation for Entry of Consent Judgment is DENIED. IT IS FURTHER ORDERED that a hearing in this case shall be scheduled in the normal course. IT IS FURTHER ORDERED that because this Stipulation for Entry of Consent Judgment is no longer pending before the Tribunal, a new stipulation is required for any future settlement. However, if the new stipulation is filed within 14 days of the issuance of this Order, no additional filing fee is required. By _____________________________ Jason C. Grinnell, Tribunal Member Entered: March 11, 2025 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,
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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 _____________________________, MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. _____________________________, Respondent(s) STIPULATION FOR ENTRY OF CONSENT JUDGMENT (VALUATION) 1. The subject property is in _________________________________ County. 2. Parcel Number: ____________________________________________. (If more than one parcel is at issue, attach a completed Multiple Parcel Stipulation Form addressing all other parcels at issue.) 3. The values for the property identified above as established by Respondent’s Board of Review are: Tax year Assessed Value (AV) Taxable Value (TV) 4. The values for the property identified above as stipulated by the parties for settlement purposes are: Tax year True Cash Value AV TV 5. If the stipulated TV does not equal the prior year TV multiplied by the applicable inflation rate multiplier, explain why (e.g., transfer of ownership, additions, losses, omitted property etc.) ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 6. List any special terms or conditions being proposed by the parties that would affect the execution of a Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc. (attach additional page if necessary): ___________________________________________________________________ Keith Van Tubergen and Barbara Van Tubergen 24-003575 TROY TOWNSHIP NEWAYGO 62-01-28-100-008 2024 100,000 100,000 2024 $300,000.00 100,000 $66,912.00 The structure was destroyed by fire. It was replaced by a new structure that had a larger footprint. The larger footprint accounts for the increase in the taxable value. If there was an overpayment, any amounts overpaid will be credited to 2025. Any deficiency will paid without
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MTT Docket No. ___________ Page 2 of 2 ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ NOTE: The Stipulation MUST include ALL parcels and ALL tax years included in the appeal (including subsequent tax years on or after April 1 of each year for appeals pending in the Small Claims Division). The parties may agree, however, to withdraw the appeal of specific parcels and/or tax year(s). IF APPLICABLE, complete the following section(s). Otherwise, LEAVE BLANK. 7. The parties agree to the withdrawal of parcel number: __________________________________________. (If more than one parcel is being withdrawn, attach a separate page addressing all other parcels being withdrawn.) 8. The parties agree to the withdrawal of tax year(s) ____________________. Signature of Petitioner’s Authorized Representative or, if none, Petitioner: __________________________________________________________________ Printed Name:_______________________________________________________ Date:
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER DENYING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT The Tribunal has reviewed the case file and the stipulation, filed on February 27, 2025, and finds that: the stipulation is not on a form made available by the Tribunal or in a form that is in substantial compliance with the Tribunal’s form, as required by TTR 281. Therefore, IT IS ORDERED that the Parties’ Joint Stipulation for Entry of Consent Judgment is DENIED. IT IS FURTHER ORDERED that a hearing in this case shall be scheduled in the normal course. IT IS FURTHER ORDERED that because this Stipulation for Entry of Consent Judgment is no longer pending before the Tribunal, a new stipulation is required for any future settlement. However, if the new stipulation is filed within 14 days of the issuance of this Order, no additional filing fee is required. By _____________________________ Jason C. Grinnell, Tribunal Member Entered: February 28, 2025 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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MTT Docket No. 24-003576 Page 2 of 5
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Michael T Van Tubergen VTH LAW 114 N Third St Grand Haven , MI 49417
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER DENYING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT The Tribunal has reviewed the case file and the stipulation, filed on February 27, 2025, and finds that: the stipulation is not on a form made available by the Tribunal or in a form that is in substantial compliance with the Tribunal’s form, as required by TTR 281. Therefore, IT IS ORDERED that the Parties’ Joint Stipulation for Entry of Consent Judgment is DENIED. IT IS FURTHER ORDERED that a hearing in this case shall be scheduled in the normal course. IT IS FURTHER ORDERED that because this Stipulation for Entry of Consent Judgment is no longer pending before the Tribunal, a new stipulation is required for any future settlement. However, if the new stipulation is filed within 14 days of the issuance of this Order, no additional filing fee is required. By _____________________________ Jason C. Grinnell, Tribunal Member Entered: February 28, 2025 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
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M
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING Michigan Tax Tribunal, 611 W. Ottawa St., Lansing, MI 48933 KEITH M. VAN TUBERGEN & MICHIGAN TAX TRIBUNAL BARBARA J. VAN TUBERGEN, SMALL CLAIMS DIVISION Petitioners, MTT Docket No. 24-003576 v TROY TOWNSHIP, Presiding Judge Patricia L. Halm Respondent. STIPULATED ORDER TO SETTLE ALL DISPUTES AND CLOSE APPEAL NOW COMES the parties, Petitioners by their attorneys of record and Respondent by and through its representative Casey Guthrie and hereby resolve the pending appeal and all related matters between the parties with entry of the following Order. IT IS ORDERED the 2024 Taxable Value for Parcel No 62-01-28-100-008 with a common address of 11191 N. White Oaks Ln., Bitely, MI 49309, is $66,912.00; with an Assessed Value remains $150,800.00. IT IS FURTHER ORDERED this is a final order and closes this appeal. Dated: ____________ Hon. Patricia L. Halm Approved for entry: /s/ Michael T. Van Tubergen__ /s/ Casey Guthrie_________________ Michael T. Van Tubergen (P61717) Casey Guthrie Assessor on behalf of Respondent
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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 Keith M Van Tubergen, MICHIGAN TAX TRIBUNAL Barbara J Van Tubergen, SMALL CLAIMS DIVISION Petitioners, v MTT Docket No. 24-003576 Troy Township, Presiding Judge Respondent. Patricia L. Halm ORDER FOR DEFAULT HEARING The Tribunal has considered the file in this case and finds that Respondent was placed in default on November 20, 2024, because Respondent failed to file an answer. The Tribunal extended the time for Respondent to cure the default by an additional 14 days on January 7, 2025, because although Respondent responded to the default, their attempt to cure was incomplete as the answer was left unsigned. Respondent has failed to respond to the Order Extending Default. Thus, Respondent has not complied with either order and the latter stated that “failure to comply with this Order may result in the scheduling of a default hearing . . .” and referenced Grimm v Dep’t of Treasury.1 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.2 Though Grimm was specific to dismissal, the cases cited by the Court and the reasoning behind its adoption of the factors set forth therein are not so narrow. The factors apply equally to default judgements, or in the case of the Tribunal proceedings, the conducting of a default hearing.3 Respondent in this case has failed to respond to multiple orders and given this failure, the Tribunal finds that its violation was willful. It also establishes a history of deliberate delay and refusing to comply with Tribunal orders, both of which have prejudiced Petitioners. As a result, giving careful consideration to the factors involved and considering all options in determining what 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149. 3 See Bass v Combs, 238 Mich App 16 (1999), overruled in part on other grounds by Dimmitt & Owens Fin, Inc v Deloitte & Touche (ISC), LLC, 481 Mich 618 (2008), Vicencio v Ramirez, 211 Mich App 501 (1995), and Traxler v Ford Motor Co, 227 Mich App 276 (1998).
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MTT Docket No. 24-003576 Page 2 of 2 sanction is just and proper, the Tribunal finds that scheduling a default hearing is appropriate, and a lesser sanction would not better serve the interests of justice. Therefore, IT IS ORDERED that a default hearing shall be scheduled in the normal course. Entered: February 11, 2025 By _____________________________ kac PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized
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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 Keith M Van Tubergen & MICHIGAN TAX TRIBUNAL Barbara J Van Tubergen, SMALL CLAIMS DIVISION Petitioners, v MTT Docket No. 24-003576 Troy Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR RESPONDENT TO CURE DEFAULT On December 3, 2024, Respondent filed an answer in response to the Tribunal’s November 20, 2024 Order of Default. The Tribunal has considered the response and the case file and finds that Respondent was held in default because it failed to file an answer.1 Although Respondent timely responded to the Order of Default, its attempt to cure is incomplete because Respondent failed to sign the Answer. Though the Tribunal finds an extension of time to cure the default appropriate, Respondent’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify the scheduling of a default hearing for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Respondent to cure the default is EXTENDED. IT IS FURTHER ORDERED that Respondent must complete the following to cure the default: (1) file a signed Answer, (2) file a Motion to Set Aside Default, (3) pay the $25.00 fee required for the filing of the motion, and (4) file proof the motion was served on Respondent. The foregoing must be filed with the Tribunal within 14 days of entry of this Order.3 1 The Order further stated, “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).” 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 3 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5).
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MTT Docket No. 24-003576 Page 2 of 2 Failure to comply with this Order may result in the scheduling of a default hearing, as provided by TTR 231.4 Entered: January 7, 2025 By _____________________________ sw/jcr 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
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RECEIVED
DEC 06 2024
,
MICHIGAN TAX TRIBUNAL
.
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL ANSWER FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
MTT DOCKET NO. 24003576
Section 1: Respondent’s Contact information
First Name:
Mi:
Last Name/Company Name/Unit of Government:
Casey
J
Guthrie/Troy Township
Home Address (No., Street, P.O. Box or Rural Route}:
County:
1958 Walton Road
Newaygo
City or Town:
State:
ZIP Code:
Kingsley
Mil
49649
Telephone Number:
Fax Number:
231-350-9123
E-maii Address (do not enter unless you want MTT to send all correspondence via email):
guthrie8551@gmail.com
Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information
First Name:
ML:
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 email):
Section 3: Subject Property Information
Does the subject property have a Principal Residence Exemption of 50% or more?
(} Yes
No
Are the parcels listed by Petitioner contiguous or adjoining?
If not, list which parcels adjoin one another.
Oa Yes
[| No
Not ApplicablePage 2
. STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal The structure that was on this parcel was removed, thereby resulting in a loss of $52,000 Assessed and $42,732 Taxable. In 2023, a 1,728sf new structure was built along with a 480sf addition, resulting in 2,208sf of living space. This new building far exceeded the value of the previous building that was once there. Also, this structure sits on 16.20 acres. A copy of the Assessment Change notice is provided. When Mr Vantubergen contacted me, he stated he received the notice late because it was "mailed to the wrong address”. The address in question IS the address of the parcel. No change of address was received before the notices were sent. 1 firmly believe this parcel is assessed accurately and reflects fair market value. Whether a building is a "REPLACEMENT", it is still considered "NEW". Section 5: Jurisdictional Issues iF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? Yes J No If yes, check which BOR Petitioner attended: March [I] July [I] December If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? Yes [W] No *Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? [m0] Yes [] No If yes, cite the Board's authority. Was the assessment(s) at Issue established as the result of a clerical error or mutual mistake of fact? [i] Yes No If yes, explain Is Petitioner appealing from a State Tax Commission Order? [J ves No If so, what is the issue date? iF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS GOVERNOR LANSING MARLON I. BROWN, DPA DIRECTOR Did Petitioner request a Poverty Exemption at a BOR? 0 Yes No If Yes, check which BOR Petitioner attended: [mn] March O July a December List the date the BOR denied Petitioner's Poverty
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, 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 20, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003576 Page 2 of 7 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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Michael T Van Tubergen VTH LAW 114 N Third St Grand Haven , MI 49417
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, 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
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MTT Docket
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S
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner was held in default on September 30, 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: November 19, 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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Michael T Van Tubergen VTH LAW 114 N Third St Grand Haven , MI 49417
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Petitioner was held in default on September 30, 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: November 19, 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 PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Section 1: Petitioner’s Contact Information First Name M.I. Last Name/Company Name Mailing 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 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. 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 parcels are you appealing? If you are appealing more than one parcel, are they contiguous or adjoining? Yes* No** *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] Taxing Authority (City or Township) County Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Keith M. /Barbara J. Van Tubergen 13091 Sikkema Dr. Grand Haven MI 49417 616.846.4765 Michael T Van Tubergen Grand Haven MI 49417 616.844.3000 616.850.1300 mvantubergen@vth-law.com 11191 White Oaks Ln, Bitely, MI 49309 Troy Township Newaygo VTH Law 114 N. Third Street 1
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Section 4: Issues Being Appealed (check all that apply) True Cash and Taxable Value Poverty Exemption Taxable Value Only (calculation) Disabled Veterans Exemption Uncapping of Taxable Value Eligible Manufacturing Personal Property (ESA) Exemption from Taxation (other than the denial of a Principal Residence or Qualified Agricultural Exemption) Classification Section 5: Explain the Reason for this Appeal Section 6: Jurisdictional Issues Year(s) you are appealing: Did you protest the assessment at a Board of Review (BOR)? Yes No If Yes, check which BOR you attended AND attach the BOR decision: March July December If No, check the applicable reason(s): Not required to attend Assessment Change Notice was not received by Petitioner Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) Appealing within 35 days of State Tax Commission Order Appealing within 35 days of receipt of Notice of Uncapping Did you request a poverty exemption at the BOR? Yes No If Yes, check which BOR considered your application AND attach the BOR decision: March July December If No, explain why: Manufactured home was destroyed by fired on December 1, 2022. It was replaced
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ST
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner failed to file an updated Tribunal petition form. As such, the petition is not properly pending. Petitioner must complete and return a current petition form within 14 days of the entry of this Order. The petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Small Claims petition forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Petitioner 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: September 30, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003576 Page 2 of 5 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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Michael T Van Tubergen VTHLAW 114 N Third St Grand Haven , MI 49417
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the
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MTT Docket
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VAN TUBERGEN, TREUTLER & HAYES www. vth-law.com Attorneys: 114 N. Third St. Michael T. Van Tubergen, licensed in MI Grand Haven, MI 49417 John P. Hayes, licensed in Mi, PA, SC, NC, OK Phone: 616-844-3000 Scott R. Sewick, licensed in MI Fax: 616-850-1300 Carl W. Treutler, (Retired) info@vth-law.com June 17, 2024 Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 RE: Property Tax Appeal To Whom It May Concern, Please find enclosed for review and processing an original and one copy of the Property Tax Appeal Petition Form with two copies of the attachments provided by Petitioners Keith M. and Barbara J. Van Tubergen. Also enclosed is a check for $125.00 for filing fee. Thank you for your attention to this matter. If there are any questions, please contact our office. Sincerely, Coma) Uo glen Amy J. Vogler, CP For Michael T. Van Tubergen (P61717) Attorney for Petitioners Enclosures
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STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH PROPERTY TAX APPEAL DOCKET NUMBER MICHIGAN TAX TRIBUNAL PETITION FORM SMALL CLAIMS DIVISION Failure to complete this form, including signature, and return it by filing deadline will result in dismissal. If additional space is needed to provide the information requested, please use a separate sheet, 1. Petitioner(s) Name and Address 2. Agent or Attorney (if any) Name and Address Keith M Van Tubergen/Barbara J. Van Tubergen Michael T. Van Tubergen (VTH Law) 13091 Sikkema Dr., Grand Haven, Mi 49417 114 N. 3rd St., Grand Haven, Mi 49417 Petitioner's Daytime Phone No,_(816) 846-4765 Agent/Attorney Phone No. 616) 844-3000 Residential - | d (residential, agricultural, personal, commercial, industrial, timber cutover, 3. Classification of property _hesidential - Improve personal utility, developmental) 4. Location of Property: City Local School District: OR . County_Newaygo Township, Troy Walkerville 5. Did Petitioner protest to the Board of Review? Yes [9] No If no, please check all applicable reasons below and explain in the space provided. [| The Assessment Change Notice was not properly sent to Petitioner prior to the March Board of Review. Petitioner is appealing within 30 days of issuance of notice of action taken by July or December Board of Review. [| Petitioner is appealing a Clerical Error or Mutual Mistake of Fact. [petitioner is appealing within 30 days of issuance of a State Tax Commission Order. [petitioner is appealing within 35 days of receipt of Notice of Taxable Value Uncapping. | 6. Did Petitioner request a Poverty Exemption at the Board of Review? O Yes ® No 7. Check the reason for this appeal and explain in the space provided. jm} The property's true cash value and taxable value are incorrect. (SEE Line by Line Instructions.) The property's taxable value only is incorrect. The uncapping of the property's taxable value is improper. Od Petitioner was denied a property tax exemption. [I] Petitioner was denied a poverty exemption. 8. Provide the Board of Review's determination of the state equalized or assessed value and taxable value for each parcel, for each tax year being appealed. Parcel Number Tax Year State Equalized Value or Taxable Value on Roll Assessed Value on Roll 62-01-28-100-008 2024 | $150,800 $143.960' °°
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9. Provide Petitioner's contention or belief of the true cash ( fair market) value and taxable value for each parcel, for each tax year being appealed Parcel Number Tax Year True Cash (Fair Market) Value
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Adden
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 30, 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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Michael T Van Tubergen VTHLAW 114 N Third St Grand Haven , MI 49417
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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 Keith M Van Tubergen,Barbara J Van Tubergen, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003576 Township Of Troy, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 30, 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
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VAN TUBERGEN, TREUTLER & HAYES www. vth-law.com Attorneys: 114 N. Third St. Michael T. Van Tubergen, licensed in MI Grand Haven, MI 49417 John P. Hayes, licensed in Mi, PA, SC, NC, OK Phone: 616-844-3000 Scott R. Sewick, licensed in MI Fax: 616-850-1300 Carl W. Treutler, (Retired) info@vth-law.com June 17, 2024 Michigan Tax Tribunal PO Box 30232 Lansing, MI 48909 RE: Property Tax Appeal To Whom It May Concern, Please find enclosed for review and processing an original and one copy of the Property Tax Appeal Petition Form with two copies of the attachments provided by Petitioners Keith M. and Barbara J. Van Tubergen. Also enclosed is a check for $125.00 for filing fee. Thank you for your attention to this matter. If there are any questions, please contact our office. Sincerely, Coma) Uo glen Amy J. Vogler, CP For Michael T. Van Tubergen (P61717) Attorney for Petitioners Enclosures
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STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH PROPERTY TAX APPEAL DOCKET NUMBER MICHIGAN TAX TRIBUNAL PETITION FORM SMALL CLAIMS DIVISION Failure to complete this form, including signature, and return it by filing deadline will result in dismissal. If additional space is needed to provide the information requested, please use a separate sheet, 1. Petitioner(s) Name and Address 2. Agent or Attorney (if any) Name and Address Keith M Van Tubergen/Barbara J. Van Tubergen Michael T. Van Tubergen (VTH Law) 13091 Sikkema Dr., Grand Haven, Mi 49417 114 N. 3rd St., Grand Haven, Mi 49417 Petitioner's Daytime Phone No,_(816) 846-4765 Agent/Attorney Phone No. 616) 844-3000 Residential - | d (residential, agricultural, personal, commercial, industrial, timber cutover, 3. Classification of property _hesidential - Improve personal utility, developmental) 4. Location of Property: City Local School District: OR . County_Newaygo Township, Troy Walkerville 5. Did Petitioner protest to the Board of Review? Yes [9] No If no, please check all applicable reasons below and explain in the space provided. [| The Assessment Change Notice was not properly sent to Petitioner prior to the March Board of Review. Petitioner is appealing within 30 days of issuance of notice of action taken by July or December Board of Review. [| Petitioner is appealing a Clerical Error or Mutual Mistake of Fact. [petitioner is appealing within 30 days of issuance of a State Tax Commission Order. [petitioner is appealing within 35 days of receipt of Notice of Taxable Value Uncapping. | 6. Did Petitioner request a Poverty Exemption at the Board of Review? O Yes ® No 7. Check the reason for this appeal and explain in the space provided. jm} The property's true cash value and taxable value are incorrect. (SEE Line by Line Instructions.) The property's taxable value only is incorrect. The uncapping of the property's taxable value is improper. Od Petitioner was denied a property tax exemption. [I] Petitioner was denied a poverty exemption. 8. Provide the Board of Review's determination of the state equalized or assessed value and taxable value for each parcel, for each tax year being appealed. Parcel Number Tax Year State Equalized Value or Taxable Value on Roll Assessed Value on Roll 62-01-28-100-008 2024 | $150,800 $143.960' °°
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9. Provide Petitioner's contention or belief of the true cash ( fair market) value and taxable value for each parcel, for each tax year being appealed Parcel Number Tax Year True Cash (Fair Market) Value
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Adden
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