Klein, Petitioner V Township Of Geneva, Respondent
- Petitioner
- Klein
- Respondent
- Township Of Geneva
Case overview
- Docket number
- 24-003930-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Van Buren
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 9 | Order of Dismissal | Not recorded | Not recorded | 01/08/2025 | Not recorded | Download |
| 8 | Notice of Filing | Not recorded | Not recorded | 12/26/2024 | Not recorded | Download |
| 7 | Answer was received | RESP | Not recorded | 11/19/2024 | Not recorded | Download |
| 6 | Order extending Petitioner's default | Not recorded | Not recorded | 12/03/2024 | Not recorded | Download |
| 5 | Response to Order - Petition | PET | 4 | 11/07/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 10/22/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/22/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/22/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/23/2024 | $0.00 | 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 Klein, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Geneva Township, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was placed in default on October 22, 2024, because they failed to pay the fee required for the filing of the petition. On December 3, 2024, the Tribunal extended the time for Petitioner to cure the default by an additional 14 days and they have failed to respond. Petitioner has not complied with either order, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” 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 Here, Petitioner’s failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioner’s history of noncompliance in this case. Therefore, IT IS ORDERED that this case is DISMISSED. This Order resolves all pending claims in this matter and closes this case. 1 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 2 Id. at 149.
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MTT Docket No. 24-003930 Page 2 of 2 APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: January 8, 2025 By _____________________________ ejg PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Klein, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Township Of Geneva, 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. 24-003930 Page 2 of 6 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: December 26, 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 Klein, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Township Of Geneva, 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
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STATE
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i.
RECEIVED
hed
NOV 2.1 2024
MICHIGAN TAX TRIBUNAL
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON 1. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL ANSWER FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
MTT DOCKET NO. 24-003930
Section 1: Respondent’s Contact Information
First Name:
M.L:
Last Name/Company Name/Unit of Government:
Geneva Township
Home Address {No., Street, P.O. Box or Rural Route):
County:
62127 CR 380
Van Buren
City or Town:
State:
ZIP Code:
Bangor
MI
149013
Telephone Number:
Fax Number:
269-352-8994
E-mail Address (do not enter unless you want MTT to send all correspondence via email):
Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information
I
First Name:
M.L:
Last Name:
Michael
J
Richmond
mmf
R & R Assessing Inc.
Address (No., Street, P.O. Box or Rural Route):
6233 Winddrift ave.
City or Town:
State:
ZIP Code:
Kalamazoo
MI
[49009
Telephone Number:
Fax Number:
269-352-8994
E-mail Address (do not enter unless you want MTT to send all correspondence via emall):
mrichmondassessing@yahoo.com
Section 3: Subject Property Information
Does the subject property have a Principal Residence Exemption of 50% or more?
[m] Yes
[| No
Are the parcels listed by Petitioner contiguous or adjoining?
If not, list which parcels adjoin one another.
[mi] Yes
ji] No
[| Not ApplicablePage 2
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 Parcel is assessed and taxed at fair market value. THe law states that buildings on leased land (including porches, decks , garages, sheds etc) be assessed and taxed o the owner of the improvements. This is exactly how the parcel is assessed and taxed. Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? [] Yes [No if yes, check which BOR Petitioner attended: [] March [J July [J December if no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? wv] Yes |] No *Submlt 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? [Hl] Yes [Wm] No If yes, cite the Board's authority. Was the assessments) at issue established as the result of a clerical error or mutual mistake of fact? [Ma] Yes [7] No If yes, explain Is Petitioner appealing from a State Tax Commission Order? 0 Yes vi] No If so, what is the issue date? IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE
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GRETCHEN WHITMER GOVERNOR Ung STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA LANSING DIRECTOR Did Petitioner request a Poverty Exemption ata BOR? [] Yes [No If Yes, check which BOR Petitioner attended: [] March [J July [J December List the date the BOR denied Petitioner's Poverty Exemption: OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION Did Petitioner request the exemption at a BOR? O Yes [7] No If Yes, check which BOR Petitioner attended: [] March [J July [] December Tax Year(s) denied: List the date the exemption was denied: What statutory section did Petitioner request the subject property be exempt? IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY 7] What do you believe the classification should be: Real Personal (check one) Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Section 6: Valuation Information *use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 80-09-995-039-00 Classification of Property: Real Personal (check one) Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) $22,300 Current Assessed Value (also known as State Equalized Value) as established by the BOR: $17,970 Current Taxable Value as established by the BOR: $44,600 What do you believe is the fair market value (also known as True Cash Value)? $22,300 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. $17,970 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
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Michigan Department of Treasury, 1019 (Rev, 11-23) Notice of Assessment, Taxable Valuation, and Property Classification This form is issued under the authority of P.A. 206 of 1893, Sec. 211.24 (¢) and Sec.211.34¢, as amended. This is a model assessment notice to be used by the local assessor. THIS IS NOT A TAX BILL L-4400 FROM: NANCY WHALEY GENEVA TOWNSHIP SUPERVISOR 63133 16TH AVE BANGOR MI 49013 PARCEL NUMBER: PROPERTY ADDRESS: 68TH ST LOT# 39 SOUTH HAVEN, MI 49090 PARCEL IDENTIFICATION 80-09-995-039-00 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: KLEIN YON! & SHOSHIE PRINCIPAL RESIDENCE EXEMPTION % Exempt As "Homeowners Principal Residence": 00% 22 RUBYVALE RD % Exempt As "Qualified Agricultural Property": 00% EVELAND OH 44118 % Exempt As "MBT Industrial Personal”: .00% % Exempt As “MBT Commercial Personal™: .00% Exempt As "Qualified Forest Property": O Yes No Exempt As "Development Property”: O Yes No LEGAL DESCRIPTION: MEADOWBROOK ESTATES LLC UNIT / LOT NUMBER 39 ACCORDING TO MCL. 211.34c THIS PROPERTY IS CLASSIFIED AS: 410 (RESIDENTIAL BUILDING ON LEA PRIOR YEAR'S CLASSIFICATION: 410 (RESIDENTIAL BUILDING ON LEA The change in taxable value will increase/decrease your tax bill for the 2024 PRIOR AMOUNT CURRENT TENTATIVE CHANGE FROM year by approximately: YEAR: 2023 AMOUNT YEAR: 0) TAR © 1. TAXABLE VALUE: 17,115 17,970 855 2. ASSESSED VALUE: 20,800
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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 Klein, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Geneva Township, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT On November 7, 2024, Petitioner filed a letter in response to the Tribunal’s October 22, 2024 Order of Default. The Tribunal has considered the response and the case file and finds that Petitioner was held in default because insufficient filing fees were submitted with Petitions filed on or around July 23, 2024.1 Petitioner sought by letter to explain that the Tribunal advised Petitioner’s authorized representative by phone of the need to pay only the contiguous parcel fee of $25.00. However, the Tribunal cannot rely on purported advice from a Tribunal representative over the Tribunal Rules. TTR 267(3)(a) states in part: “If the petition contains multiple, contiguous parcels of property owned by the same person, there is an additional $25.00 fee for each additional parcel . . ..” (Emphasis added.) Petitioner filed separate appeals rather than a single petition and contiguous parcel forms. More importantly, the lack of common ownership of the parcels in the Petitions filed on July 23, 2024 disallows use of the contiguous parcel rule for a lower petition filing fee under TTR 267(3)(a). However, given Petitioner’s response to the default, the nature of Petitioner’s initial filing and letter, and the confusion, the Tribunal finds it is within its discretion to waive the requirement that Petitioner file a motion or pay a motion fee as a requirement to set aside the default in this case.2 Petitioner must still pay the separate Petition filing fees. Although Petitioner responded to the Order of Default, their attempt to cure is incomplete because Petitioner failed to pay the Petition filing fee. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.3 Therefore, 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 TTR 231. 3 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 24-003930 Page 2 of 2 IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: pay the $125.00 Petition filing fee. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order.4 Failure to comply with this Order may result in the dismissal of the case, as provided by TTR 231.5 Entered: December 3, 2024 By _____________________________ bw PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk 4 “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). 5 See also MCL 205.732.
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POLTER LAW GROUP RECEIVED LICENSED IN MICHIGAN AND NEW YORK NOV 0 7 2024 MICHIGAN TAX TRIBUNAL November 4, 2024 SOM — MTT POB 30232 Lansing, M1 48909 Re: South Haven, Geneva Twp. — 68 St. (SC Division) Docket #s: 24-003923, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41,42 To whom it taay concern, Please be advised that 'm in receipt of the above referenced multiple Orders of Default (see copies enclosed). Before 1 cute, however, I wish to bring to the Tribunal’s attention the cover letter originally attached with this multiple property tax appeal petition on or about July 22, 2024 (see copy enclosed). In shott, I specifically discussed this matter with Julie, and she advised that in fact because these ate contiguous propetties, there would no need for separate $125 fees but that so long as 1 remitted the $125 once and then $25 per contiguous property, that would he sufficient to cover the TTR 267 fees accordingly. Befote I move ahead and perhaps remit additional fees I must know whether an agent at MT ignored my cover letter altogether and therefore erroneously issued these Orders of Default, or s/he in fact reviewed my cover letter and still objected to my premise believing that regardless these are still each due the $125 fee, and if so, I would appreciate the basis for such objectior. : 1 further respectfully request that before the Tribunal requires my motioning to set aside default as this submission will likely not be viewed or reviewed within the allotted 14-day timeframe to avoid such requirement, that it allow me an additional 14 days after a decision 1s rendered on this letter submission within which to cure the matter, thus obviating the need for a formal set-aside motion and the cost and time associated thereto.
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POLTER LAW GROUP LICENSED IN MICHIGAN AND NEW YORK July 22, 2024 SOM ~ MTT POB 30232 Lansing, MI 48909 Re: Multi residential property tax appeals (South Haven, Geneva Twp. — 68 St. To whom it may concern, Enclosed please find twenty-eight (“28”) residential property tax appeals along with fee ($125, plus 27 x $25 for a total of $675). Be advised that I confirmed with Julie at your offices regarding the accurate fees. Seeing as these are “technically” contiguous, the requisite filing fees are enclosed. All the enclosed appeals relate to the same street address, only with multiple contiguous patcel/lot numbers (equivalent to mobile home patk or bungalow colony). Sincerely, rAd “Stephen Polter, JD, MBA
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’ STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Klein, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Township Of Geneva, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not pay the required fee for the filing of the petition. See TTR 267. Because of this, the appeal is not properly pending. Petitioner must pay the required fee for the filing of the petition within 14 days of the entry of this Order. A filing fee calculator can be found on our website at www.michigan.gov/taxtrib. Unfortunately, the payment may not be made via e-filing. 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.) 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). 0) - . By, \Taliccia j | lar Entered: October 22, 2024 Patricia L. Halm, Tribunal Chair
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POLTER LAW GROUP 2600 W. BIG BEAVER, SUITE L100 | TROY, MI 48084 B95633.08 us pon. 58Y FIRSTALASY 0635000226838. FROM 4808. B95633.09 $0.69’ EI us posT/the us PO 06380002268 oeaS0 533.10 pos
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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 Klein, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Township Of Geneva, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not pay the required fee for the filing of the petition. See TTR 267. Because of this, the appeal is not properly pending. Petitioner must pay the required fee for the filing of the petition within 14 days of the entry of this Order. A filing fee calculator can be found on our website at www.michigan.gov/taxtrib. Unfortunately, the payment may not be made via e-filing. 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: October 22, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003930 Page 2 of 4 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as 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 Klein, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Township Of Geneva, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not pay the required fee for the filing of the petition. See TTR 267. Because of this, the appeal is not properly pending. Petitioner must pay the required fee for the filing of the petition within 14 days of the entry of this Order. A filing fee calculator can be found on our website at www.michigan.gov/taxtrib. Unfortunately, the payment may not be made via e-filing. 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.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 fee). By:_______________________________ Entered: October 22, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003930 Page 4 of 4 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk ii “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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24-003915 - $125.00 24-003916 - $125.00 24-003917 - $125.00 24-003919 - $125.00 24-003920 - $125.00 24-003921 - $125.00 24-003922 - $125.00 24-003923 - $50.00 24-003924 - $0.00 24-003925 - $0.00 24-003926 - $0.00 24-003927 - $0.00 24-002928 - $0.00 24-003929 - $0.00 24-003930 - $0.00 24-003931 - $0.00 24-003932 - $0.00 24-003933 - $0.00 24-003934 - $0.00 24-003935 - $0.00 24-003936 - $0.00 24-003937 - $0.00 24-003938 - $0.00 24-003939 - $0.00 24-003941 - $0.00 24-003942 - $0.00
Page 2
( pl STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you 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. Section 1: Petitioner’s Contact Information First Name Mm. Last Name/Company Name Klein Mailing Address (No., Street, P.O. Box or Rural Route) 68th St., Lot 39 City or Town State ZIP Code South Haven MI 49090 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 Stephen Polter Firm Name (if an: “*™Polter Law Group Address (No., Street, P.O. Box or Rural Route) 2600 W Big Beaver, Ste L100 City or Town State ZIP Code Troy Mi 48084 Telephone Number Fax Number 2482136800 2482136801 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) spolter@polterlaw.com Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] yest [] No** appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels.
Page 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that apply)
[A True Cash and Taxable Value
[1 Poverty Exemption
OO Taxable Value Only (calculation)
[7 Disabled Veterans Exemption
[TJ Uncapping of Taxable Value
[OO Eligible Manufacturing Personal Property (ESA)
[J Exemption from Taxation (other than the denial of a
[] Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Incomparable with other similarly situated properties (deck)
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment at a Board of Review (BOR)? [A Yes
[| No
If Yes, check which BOR you attended AND attach the BOR decision: [
march
[J uly
[] December
If No, check the applicable reason(s):
Not required to attend
[Hl] Assessment Change Notice was not received by Petitioner
rl 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 OrderPage 4
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information use the multiple parce form for additional, contiguous parcels.
Parcel Identification Number:
80-09-995-039-00
Classification of Property:
Real
Personal
(check one)
4)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
22300
Current Taxable Value as established by the BOR:
17970
What do you believe is the fair market value (also known as True Cash Value)?
22300
Multiply the True Cash Value by .6 and enter here, This is your contention of Assessed Value.
11150
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
Section 8: Classification Information «ony the mi Dept of Treasury may appeal this issue to the Tribunal*
Parcel Identification Number:
80-09-995-039-00
Current Classification of Property as established by Board of Review:
Real
Personal
(check one)
%)
tJ
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
{check one)
What do you believe is the property’s classification?
Real
Personal
{check one)
a
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
if improved property, how is the property currently being used?
if improved property, for what use was the property designed?Page 5
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I, BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? 7 Yes No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? [ves [No If you answered yes to either or both of the above questions, you are not required to pay any filing fees. The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. If your property is residential property (see MCL 206.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee Is:
Page 6
Michig
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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 Klein, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Township Of Geneva, 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 22, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Klein, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003930 Township Of Geneva, 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 22, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
24-003915 - $125.00 24-003916 - $125.00 24-003917 - $125.00 24-003919 - $125.00 24-003920 - $125.00 24-003921 - $125.00 24-003922 - $125.00 24-003923 - $50.00 24-003924 - $0.00 24-003925 - $0.00 24-003926 - $0.00 24-003927 - $0.00 24-002928 - $0.00 24-003929 - $0.00 24-003930 - $0.00 24-003931 - $0.00 24-003932 - $0.00 24-003933 - $0.00 24-003934 - $0.00 24-003935 - $0.00 24-003936 - $0.00 24-003937 - $0.00 24-003938 - $0.00 24-003939 - $0.00 24-003941 - $0.00 24-003942 - $0.00
Page 2
( pl STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you 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. Section 1: Petitioner’s Contact Information First Name Mm. Last Name/Company Name Klein Mailing Address (No., Street, P.O. Box or Rural Route) 68th St., Lot 39 City or Town State ZIP Code South Haven MI 49090 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 Stephen Polter Firm Name (if an: “*™Polter Law Group Address (No., Street, P.O. Box or Rural Route) 2600 W Big Beaver, Ste L100 City or Town State ZIP Code Troy Mi 48084 Telephone Number Fax Number 2482136800 2482136801 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) spolter@polterlaw.com Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] yest [] No** appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels.
Page 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check all that apply)
[A True Cash and Taxable Value
[1 Poverty Exemption
OO Taxable Value Only (calculation)
[7 Disabled Veterans Exemption
[TJ Uncapping of Taxable Value
[OO Eligible Manufacturing Personal Property (ESA)
[J Exemption from Taxation (other than the denial of a
[] Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Incomparable with other similarly situated properties (deck)
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment at a Board of Review (BOR)? [A Yes
[| No
If Yes, check which BOR you attended AND attach the BOR decision: [
march
[J uly
[] December
If No, check the applicable reason(s):
Not required to attend
[Hl] Assessment Change Notice was not received by Petitioner
rl 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 OrderPage 4
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information use the multiple parce form for additional, contiguous parcels.
Parcel Identification Number:
80-09-995-039-00
Classification of Property:
Real
Personal
(check one)
4)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
22300
Current Taxable Value as established by the BOR:
17970
What do you believe is the fair market value (also known as True Cash Value)?
22300
Multiply the True Cash Value by .6 and enter here, This is your contention of Assessed Value.
11150
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
Section 8: Classification Information «ony the mi Dept of Treasury may appeal this issue to the Tribunal*
Parcel Identification Number:
80-09-995-039-00
Current Classification of Property as established by Board of Review:
Real
Personal
(check one)
%)
tJ
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
{check one)
What do you believe is the property’s classification?
Real
Personal
{check one)
a
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
if improved property, how is the property currently being used?
if improved property, for what use was the property designed?Page 5
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I, BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? 7 Yes No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? [ves [No If you answered yes to either or both of the above questions, you are not required to pay any filing fees. The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. If your property is residential property (see MCL 206.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee Is:
Page 6
Michig
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.