Lonnie L Maguire, Petitioner Vs. Township Of Juniata, Respondent
- Petitioner
- Lonnie L Maguire
- Respondent
- Township Of Juniata
Case overview
- Docket number
- 24-004078-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Tuscola
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 11 | Granted | RESP | 8 | 06/11/2025 | Not recorded | Download |
| 10 | Order granting Motion. | Not recorded | 8 | 06/11/2025 | Not recorded | Download |
| 9 | Proof of Service of Misc Documents was received. | RESP | Not recorded | 05/08/2025 | Not recorded | Download |
| 8 | Motion to Dismiss was received. | RESP | Not recorded | 05/08/2025 | $25.00 | Download |
| 7 | Appearance | RESP | Not recorded | 02/14/2025 | Not recorded | Download |
| 6 | Notice of Filing | Not recorded | Not recorded | 12/26/2024 | Not recorded | Download |
| 5 | Attachments to the Answer were filed | Not recorded | Not recorded | 12/04/2024 | Not recorded | Download |
| 4 | Answer was received | Not recorded | Not recorded | 12/04/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 11/13/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 11/13/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 10/28/2024 | $100.00 | Download |
Documents
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Page 1
STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION LONNIE L. MAGUIRE, MTT Docket No. 24-004078-TT Petitioner, Parcel Id. No.: 014-003-000-0300-00 v TOWNSHIP OF JUNIATA, Respondent. Lonnie L. Maguire Mallory E. Reader (P84806) Petitioner FOSTER SWIFT COLLINS & SMITH, PC 4035 VanGeisen Road Attorney for Respondent Caro, MI 48723 1700 E. Beltline Ave. NE, Suite 200 (586) 747-8238 Grand Rapids, MI 49525 maguirelonnie21@gmail.com (616) 726-2250 mreader@fosterswift.com RESPONDENT’S MOTION TO DISMISS Respondent, Township of Juniata, through its attorneys, Foster Swift Collins & Smith, P.C., states as follows: 1. Petitioner filed this petition to appeal a special assessment for Parcel No. 014-003- 000-0300-00 (the “Subject Property”) that is within the Township’s 2024-2028 Garbage Collection and Disposal Special Assessment District No. 1 (the “District”). The Township confirmed the special assessment roll for the District on October 8, 2024. The total amount of the special assessment being levied against the Subject Property is $1,254.96. 2. The Tribunal does not have jurisdiction to hear this appeal. The Tax Tribunal Act specifies that “[flor a special assessment dispute, the special assessment shall be protested at the hearing held for the purpose of confirming the special assessment roll before the tribunal acquires
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jurisdiction of the dispute.” MCL 205.735a(5). A petitioner’s failure to protest is sufficient to support the Tax Tribunal's dismissal for lack of jurisdiction. Covert Twp v Consumers Power Co., 217 Mich App 352, 355-56; 551 NW2d 464 (1996). 3. Section 5 of Petitioner's Complaint (Exhibit A) clearly states that Petitioner did not protest the special assessment roll because he "unable to attend” the public hearing on the special assessment roll. Because the jurisdiction and powers of the Tribunal are limited to those authorized by statute, the Tribunal lacks equitable power to preserve Petitioner’s challenge. S: The Tribunal does not have jurisdiction to hear this appeal; therefore, dismissal is warranted. WHEREFORE, Respondent, Township of Juniata, hereby requests that this Honorable Tribunal GRANT its Motion and enter an Order (a) dismissing the case; and (b) granting such other relief as the Tribunal considers just. FOSTER, SWIFT, COLLINS & SMITH, PC Attorneys for Respondent Dated: May 7, 2025 By: Mallory E. Reader (P84806) 1700 E. Beltline Ave. NE, Suite 200 Grand Rapids, MI 49525 (616) 726-2250 mreader@fosterswift.com 85665:00001:201468380-1
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EXHIBIT RECEIVED A 5 0CT $1 2024 Jl LE) MICHIGAN TAX TRIBUNAL er STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT Section 1: Petitioner’s Contact Information First Name MI. Last Name/Company Name Lonnie L Maguire Mailing Address (No., Street, P.O. Box or Rural Route) 4035 VanGeisen Rd. City or Town State ZIP Code Caro Mi 48723 Telephone Number Fax Number 586-747-8238 E-mall Address (do not enter unless you want MTT to send all correspondence via e-mail) maguirelonnie21@gmail.com Section 2: Petitioner's AliorhsylAlithorized Representative’s Contact Information First Name Last Name Firm Name (if any) i 1806 nino: aaih Address (No., Street, P.O. Box or Rural Routa) LIKE fii: i] A 1D: LONNIE MAG Tit City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] vest [] No** NIA appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels. 1 **If no, you must file separate appeals for each non-contiguous or non-adjolning parcel or you will be defaulted. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] 4005 VanGeisen Rd., Caro, 48723 Parcel Identification Number(s): 014-003-000-0300-00 Taxing Authority (City or Township) ounty Juniata oor Tuscola
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EXHIBIT H 3 A >. = ig STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR DIRECTOR LANSING Section 4: Explain the Reason for this Appeal This property (4005) is exempt from current garbage collection assessment because the building is vacant and I'm paying/utilizing garbage pickup on adjoining property (4035) where | reside. Asking to maintain exemption on 4005 property for 2024-2028 garbage collection special assessment district no.1 until I'm able to demo the structure. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roli? O Yes 4 No If Yes, what was the date of the hearing held to confirm the spacial assessment roll? If No, explain: Unable to attend Fee Information: A fee of $100.00 Is required for the filing of a Special Assessment Appeal. Signature +reguired Petitioner or Attorn; IAwthorizad “Wl s__ NTPApL. Agree (ZN & 7 7 (4 A
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Lonnie L Maguire, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-004078 Juniata Township, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING REPSONDENT’S MOTION TO DISMISS On May 8, 2025, Respondent filed a motion requesting that the Tribunal dismiss this case. In the motion, Respondent states that “Petitioner did not protest the special assessment roll because he was ‘unable to attend’ the public hearing on the special assessment roll.” As a result, Respondent asserts that the Tribunal does not have jurisdiction to hear the above-referenced appeal. Petitioner did not file a response to Respondent’s motion. The Tribunal has considered the file in this case and finds that it has no authority over Petitioner’s appeal. The pleadings and accompanying documentation indicate that Petitioner is appealing Respondent’s garbage collection special assessment. However, Petitioner did not protest the assessment at the hearing held for the purpose of confirming the special assessment roll as required by MCL 205.735a. The statute provides that, “[f]or a special assessment dispute, the special assessment shall be protested at the hearing held for the purpose of confirming the special assessment roll before the tribunal acquires jurisdiction states, the petition filed in this matter indicates that Petitioner did not protest the assessment at the hearing held for the purpose of confirming the special assessment because they were “unable to attend.” As such, and inasmuch as the Tribunal has no equitable power to waive or otherwise disregard a statutory requirement or filing deadline, it has no authority to grant Petitioner the relief requested.1 Therefore, IT IS ORDERED that Respondent’s Motion to Dismiss is GRANTED. This order resolves all pending claims in this matter and closes this case. 1 The Tribunal’s powers are limited to those authorized by statute and do not include powers of equity. See Federal-Mogul Corp v Dep’t of Treasury, 161 Mich App 346 (1987), Elec Data Sys Corp v Flint Twp, 253 Mich App 538 (2002), and VanderWerp v Plainfield Twp, 278 Mich App 624 (2008).
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MTT Docket No. 24-004078 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: June 11, 2025 By _____________________________ smm 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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1 Amanda L. Spendlove STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM MICHIGAN TAX TRIBUNAL LONNIE L. MAGUIRE, Petitioner, v. TOWNSHIP OF JUNIATA, Respondent. MTT Docket No.: 24-004078-TT Parcel No.: 014-003-000-0300-00 Lonnie L Maguire Petitioner 4035 VanGeisen Road Caro, MI 48723 (586) 747-8238 maguirelonnie21@gmail.com Michael D. Homier (P60318) Mallory E. Reader (P84806) FOSTER, SWIFT, COLLINS & SMITH, P.C. Attorneys for Respondent 1700 E. Beltline Ave. NE, Suite 200 Grand Rapids, MI 49525 (616) 726-2200 mhomier@fosterswift.com mreader@fosterswift.com David McArthur TOWNSHIP OF JUNIATA Representative for Respondent 3350 Robinson Road Snover, MI 48472 (989) 553-2789 macassessing@gmail.com PROOF OF SERVICE The undersigned certifies that on May 8, 2025, she served the Respondent’s Motion to Dismiss on Petitioner by first class mail and electronic mail at the address of record. I declare under the penalty of perjury that the above statement is true to the best of my information, knowledge, and belief. Dated: 5/8/2025 ____________________________ 85665:00001:201481424-1
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STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION LONNIE L. MAGUIRE, MTT Docket No. 24-004078-TT Petitioner, Parcel Id. No.: 014-003-000-0300-00 v TOWNSHIP OF JUNIATA, Respondent. Lonnie L. Maguire Mallory E. Reader (P84806) Petitioner FOSTER SWIFT COLLINS & SMITH, PC 4035 VanGeisen Road Attorney for Respondent Caro, MI 48723 1700 E. Beltline Ave. NE, Suite 200 (586) 747-8238 Grand Rapids, MI 49525 maguirelonnie21@gmail.com (616) 726-2250 mreader@fosterswift.com RESPONDENT’S MOTION TO DISMISS Respondent, Township of Juniata, through its attorneys, Foster Swift Collins & Smith, P.C., states as follows: 1. Petitioner filed this petition to appeal a special assessment for Parcel No. 014-003- 000-0300-00 (the “Subject Property”) that is within the Township’s 2024-2028 Garbage Collection and Disposal Special Assessment District No. 1 (the “District”). The Township confirmed the special assessment roll for the District on October 8, 2024. The total amount of the special assessment being levied against the Subject Property is $1,254.96. 2. The Tribunal does not have jurisdiction to hear this appeal. The Tax Tribunal Act specifies that “[flor a special assessment dispute, the special assessment shall be protested at the hearing held for the purpose of confirming the special assessment roll before the tribunal acquires
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jurisdiction of the dispute.” MCL 205.735a(5). A petitioner’s failure to protest is sufficient to support the Tax Tribunal's dismissal for lack of jurisdiction. Covert Twp v Consumers Power Co., 217 Mich App 352, 355-56; 551 NW2d 464 (1996). 3. Section 5 of Petitioner's Complaint (Exhibit A) clearly states that Petitioner did not protest the special assessment roll because he "unable to attend” the public hearing on the special assessment roll. Because the jurisdiction and powers of the Tribunal are limited to those authorized by statute, the Tribunal lacks equitable power to preserve Petitioner’s challenge. S: The Tribunal does not have jurisdiction to hear this appeal; therefore, dismissal is warranted. WHEREFORE, Respondent, Township of Juniata, hereby requests that this Honorable Tribunal GRANT its Motion and enter an Order (a) dismissing the case; and (b) granting such other relief as the Tribunal considers just. FOSTER, SWIFT, COLLINS & SMITH, PC Attorneys for Respondent Dated: May 7, 2025 By: Mallory E. Reader (P84806) 1700 E. Beltline Ave. NE, Suite 200 Grand Rapids, MI 49525 (616) 726-2250 mreader@fosterswift.com 85665:00001:201468380-1
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EXHIBIT RECEIVED A 5 0CT $1 2024 Jl LE) MICHIGAN TAX TRIBUNAL er STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT Section 1: Petitioner’s Contact Information First Name MI. Last Name/Company Name Lonnie L Maguire Mailing Address (No., Street, P.O. Box or Rural Route) 4035 VanGeisen Rd. City or Town State ZIP Code Caro Mi 48723 Telephone Number Fax Number 586-747-8238 E-mall Address (do not enter unless you want MTT to send all correspondence via e-mail) maguirelonnie21@gmail.com Section 2: Petitioner's AliorhsylAlithorized Representative’s Contact Information First Name Last Name Firm Name (if any) i 1806 nino: aaih Address (No., Street, P.O. Box or Rural Routa) LIKE fii: i] A 1D: LONNIE MAG Tit City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] vest [] No** NIA appealing? *If yes, use a multiple parcel form for information regarding any contiguous parcels. 1 **If no, you must file separate appeals for each non-contiguous or non-adjolning parcel or you will be defaulted. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] 4005 VanGeisen Rd., Caro, 48723 Parcel Identification Number(s): 014-003-000-0300-00 Taxing Authority (City or Township) ounty Juniata oor Tuscola
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EXHIBIT H 3 A >. = ig STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR DIRECTOR LANSING Section 4: Explain the Reason for this Appeal This property (4005) is exempt from current garbage collection assessment because the building is vacant and I'm paying/utilizing garbage pickup on adjoining property (4035) where | reside. Asking to maintain exemption on 4005 property for 2024-2028 garbage collection special assessment district no.1 until I'm able to demo the structure. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roli? O Yes 4 No If Yes, what was the date of the hearing held to confirm the spacial assessment roll? If No, explain: Unable to attend Fee Information: A fee of $100.00 Is required for the filing of a Special Assessment Appeal. Signature +reguired Petitioner or Attorn; IAwthorizad “Wl s__ NTPApL. Agree (ZN & 7 7 (4 A
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM MICHIGAN TAX TRIBUNAL LONNIE L. MAGUIRE, MTT Docket No.: 24-004078-TT Petitioner, Parcel No.: 014-003-000-0300-00 v. TOWNSHIP OF JUNIATA, Respondent. Lonnie L Maguire Michael D. Homier (P60318) Petitioner Mallory E. Reader (P84806) 4035 VanGeisen Road FOSTER, SWIFT, COLLINS & SMITH, P.C. Caro, MI 48723 Attorneys for Respondent (586) 747-8238 1700 E. Beltline Ave. NE, Suite 200 maguirelonnie2 1 @gmail.com Grand Rapids, MI 49525 (616) 726-2200 mhomier@fosterswift.com mreader@fosterswift.com David McArthur TOWNSHIP OF JUNIATA Representative for Respondent 3350 Robinson Road Snover, MI 48472 (989) 553-2789 macassessing@gmail.com STIPULATION FOR SUBSTITUTION OF AUTHORIZED REPRESENTATIVES David McArthur, Representative for Respondent Township of Juniata, and Michael D. Homier and Mallory E. Reader, of Foster, Swift, Collins & Smith, P.C., hereby stipulate to the substitution of Michael D. Homier and Mallory E. Reader, of Foster, Swift, Collins & Smith, P.C.,
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as Authorized Representatives for Respondent, Township of Juniata, in the matter referenced above. TOWNSHIP OF JUNIATA Representative for Respondent , 1 Dated: oz / 3 Ao 25 By: pe poh) David McArthur 3350 Robinson Road Snover, MI 48472 (989) 553-2789 FOSTER SWIFT COLLINS & SMITH PC Attorneys for Respondent Dated: 2/ 13/2025 By: Mao sup tte act04 Michadl D. Homie#/(P60318) Mallory E. Reader (P84806) 1700 E. Beltline Ave. NE, Suite 200 Grand Rapids, MI 49525 (616) 726-2200
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1 Mallory E. Reader STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM MICHIGAN TAX TRIBUNAL LONNIE L. MAGUIRE, Petitioner, v. TOWNSHIP OF JUNIATA, Respondent. MTT Docket No.: 24-004078-TT Parcel No.: 014-003-000-0300-00 Lonnie L Maguire Petitioner 4035 VanGeisen Road Caro, MI 48723 (586) 747-8238 maguirelonnie21@gmail.com Michael D. Homier (P60318) Mallory E. Reader (P84806) FOSTER, SWIFT, COLLINS & SMITH, P.C. Attorneys for Respondent 1700 E. Beltline Ave. NE, Suite 200 Grand Rapids, MI 49525 (616) 726-2200 mhomier@fosterswift.com mreader@fosterswift.com David McArthur TOWNSHIP OF JUNIATA Representative for Respondent 3350 Robinson Road Snover, MI 48472 (989) 553-2789 macassessing@gmail.com PROOF OF SERVICE The undersigned certifies that on February 14, 2025, she served the Stipulated Substitution of Authorized Representatives on Petitioner by first class mail at the following address: Lonnie L Maguire, 4035 VanGeisen Road, Caro, MI 48723. I declare under the penalty of perjury that the above statement is true to the best of my information, knowledge, and belief. Dated: 2/14/2025 ____________________________
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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 Lonnie L Maguire, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004078 Township Of Juniata, 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. 24-004078 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 Lonnie L Maguire, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004078 Township Of Juniata, 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
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MT
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NOTICE OF PUBLIC HEARING AND
TAKE NOTICE that the Township Board of the Township of juniata has resolved its intention to
make certain improvements related
to garbage and rubbish collection and disposal (the Improvements”),
which Improvements will serve properties located within 2024-2028 Garbage Collection and Disposal
Special Assessment District No, 1 (the "District”), pursuant to Act 188 of the Public Acts of Michigan of
1954,
as amended.
The Township Board has tentatively determined that all or part
of the cost of the Improvements
shall be specially assessed against each residential building (determined to be basic building area) located
inthe Township, other than vacant parcels and other than parcels exempt from paying special assessments,
all of which will be benefited
by the Improvements and all of which together shall comprise the District.
The estimated total cost of the Improvements for the period of 2024 through 2028 15 $859.667.00.
The Township Board will consider specially assessing that cost against each residential building
(determined
to be basic building
area]
in the District in the manner set forth in the special assessment roll
which in 2024 intially imposes an estimated
assessment
of $242.76 against each residential building with
an estimated increase each year ($241.92/2025; $249.24/2026; $256.68/2027; $264.36/2028), not
including interest). The proposed special assessment roll identifies which parcels are to be assessed and is
available
for public inspection at Township Hall during
the Township's normal business hours.
‘The Township Board will hold a public hearing on October 8, 2024, at 6:00 pm, at the Juniata
Township Hall, 1971 S. Ringle Rd., Caro, MI 48723, to consider
the special assessment roll and hear any
objections
to it.
appearance may be made by an owner or party in ‘interest {or his ‘or her agent) in person or, in the
alternative, an appearance
or protest can be filed with the Township
by letter before the hearing, in which
case
a personal appearance
at the hearing is not required.
:
i
This notice is posted
in compliance with PA 267 of 1976 as amended (Open Meetings Act) and the
American with Disabilities
Act (ADA) and published in compliance
with the Michigan Zoning Enabling Act,
2006 P.A: 110, Individuals with disabilities requiring auxiliary aids or services who are planning
to attend
the hearing should contact Sara Parrott, Township Clerk,
at (989) 912-0361 at least three (3) business days
prior to any such meeting,
This notice was authorized
by the Juniata Township Board.
Date: ek
2024
P iad,
<
/
Sara Parrott,
Township Clerk
989) 912-0361Page 2
Parcel Number:
014-003-000-0300-00
Jurisdiction:
JUNTATA
County:
TUSCOLA
Printed on
12/04/2024
Grantor
Grantee
Sale
Sale
Inst.
Terms
of
Sale
Liber
Verified
Prent
Price
Date
Type
&
Page
By
Trans.
GREEN
STACIE
& MAGUIRE
DE
[MAGUIRE
LONNIE
L
1}
03/01/2021
{QC
21-NOT USED/OTHER
1482/133
BUYER/SELLER
0.0
MAGUIRE JOHN LELAND
MAGUIRE LONNIE
&
DEEANN
1i
12/04/2018
{WD
09-FAMILY
1413/0254
BUYER/SELLER
0.0
MAGUIRE JOHN
MAGUIRE JOHN
0]
10/31/2001
[WD
21-NOT USED/OTHER
853/225-229
|OTHER
0.0
Property Address
Class:
RESIDENTIAL-IMPRO
{Zoning:
Building
Permit (s)
Date
Number
Status
4005
VAN GEISEN
RD
School:
AKRON FAIRGROVE SCHOOLS
POLE/AG BUILDING
11/24/2010
{1597
COMPLETE
PLR.Ey
0%
Owner's Name/Address
VAP
¥:
MAGUIRE LONNIE
L
2025 Est TCV Tentative
4035
VAN GEISEN ROAD
CARO MI
48723
X
{Improved
[
[vacant
Land Value Estimates
for
Land Table RIDGE.RIDGE
Public
*
Factors
*
Improvements
Description
Frontage
Depth
Front
Depth
Rate
%Adj.
Reason
Value
—
Dirt Road
RIDGE
401
2.200 Acres
6,409
100
14,100
Tax Description
sravel Road
2.20 Total Acres
Total Est. Land Value
=
14,100
JU-3-101B SEC
3 T12N RBE COM AT NE COR OF
Paved: Read
SEC,
TH
N
89 DEG 44'
W 290
FT,
TH
S
Srorn Geer
387.37
FT TO CL OF NW DRN,
TH
N
68 DEG
Sak
Land Improvement (Cost. Estimates
45'
E 311.16
FT ALG
SD
CL
TO
E
SEC
LN,
TH
=
Description
Rate
Size
% Good
Cash Value
375.50
oF 76 oR.
7.90 As
ater
D/W/P:
4in Concrete
TLL
120
87
742
Comments /Influences
Sewer
D/W/P:
4in Concrete
7211
300
87
1,856
SeshRLC
Total Estimated Land Improvements True Cash Value
=
2,598
as
Curb
Street Lights
Standard Utilities
Underground Utils.
Topography
of
Site
Level
Rolling
Low
High
Landscaped
Swamp
Wooded
Pond
Waterfront
Ravine
Wetland
;
Flood Plain
Year
Land
Building
Assessed
Board
of}
Tribunal/
Taxable
Value
Value
Value
Review
Other
Value
Who
When
What
2025
Tentative
Tentative
Tentative
Tentative
TF
02/06/2012
INSPECTED
[2024
7,100
33,800
40,900
324:122¢
The Equalizer.
Copyright
(c)
1999
-
2009.
2023
6.900
317700
387600
Licensed
To:
City
of Brown City,
County of
!
!
4
30,:593¢C
Sanilac,
Michigan
2022
7,000
27,900
34,900
29,137C
*+%
Information herein
deemed reliable
but
not guaranteed***Page 3
Residential Building
1
of
1
Parcel Number:
014-003-000-0300-00
Printed
on
12/04/2024
Building Type
(3)
Roof
(cont.)
(11)
Heating/Cooling
(15)
Built-ins
(15)
Fireplaces
(16)
Porches/Decks |
(17)
Garage
Single
Family
FEavestrough
X
|Gas
0il
Elec.
Appliance Allow.
Interior
1
Story
|Area|Type
Year Built:
X
{Mobile
HomePage 4
A
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MOAHR DOCKET NO. 24-004078 Section 1: Respondent’s Contact Information Unit of Government Township Of Juniata (TUSCOLA) Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name David M.I. Last Name McArthur Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 3350 Robinson Rd. City or Town Snover State Michigan ZIP Code 48472 Telephone Number 9895532789 Fax Number E-mail Address macassessing@gmail.com Section 3: Subject Property Information Parcel Identification Number(s): 014-003-000-0300-00 If multiple parcels are being appealed are they contiguous or adjoining? N/A Taxing Authority (City or Township) Township Of Juniata (TUSCOLA) County Tuscola Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in default.
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR The Juniata Township Board of Trustees approved the Special Assessment Roll for garbage collection on October 8, 2024. The resolution states "...that all or part of the cost of the Improvements shall be specially assessed against each residential building (determined to be basic building area) located in the Township, other than vacant parcels and other than parcels exempt from paying special assessments..." The petitioners parcel contains a mobile home, which is considered and assessed as a residential building. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes What was the date of the hearing held to confirm the special assessment roll? 10/08/2024 How many years is the special assessment being levied? 5 What is the total amount of the special assessment being levied (per parcel)? 1254.96 What is the basis for the special assessment? Identify the applicable statutory provision. Act 188 of the Public Acts of Michigan of 1954, as amended Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/ David McArthur
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GRETCHEN WHITMER GOVERNOR RECEIVED eo 0CT 31 2024 bo MICHIGAN TAX TRIBUNAL En STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL A SSESSMENT Section 1: Petitioner’s Contact Information 586-747-8238 First Name MI. Last Name/Company Name Lonnie L Maguire Mailing Address (No., Street, P.O. Box or Rural Route) 4035 VanGeisen Rd. City or Town State ZIP Code Caro Mi 48723 Telephone Number Fax Number maguirelonn E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) ie21@gmail.com Section 2: Petitioner’s Atiornsy ROOT Zed Representative’s Contact Information First Name Last Name Firm Name (if any) Te — 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 1 How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] vest [] Not [] N/A appealing? *If yes, use a multiple parcel form for information **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. regarding any contiguous parcels. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] 4005 VanGeisen Rd., Caro, 48723
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain the Reason for this Appeal This property (4005) is exempt from current garbage collection assessment because the building is vacant and I'm paying/utilizing garbage pickup on adjoining property (4035) where | reside. Asking fo maintain exemption on 4005 property for 2024-2028 garbage collection special assessment district no.1 until I'm able to demo the structure. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? [0] Yes [7] No IF Yes, what was the date of the hearing held to confirm the special assessment rofl? If No, explain: Unable to attend Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature *reguired Petitioner or Attarn, ne ee? ture: IS NIA L AA re Zane i a yr
Page 3
Lonnie & Sandy Maguire ; 4035 VanGeisen Rd. METROPLEX MI -480 i ai 280CT 2024 PM7 L MicHIAS THX TRIB Po. BOX 3oz.32 Laws ng, Ml. 48909 SESE TF THREES [egy HP ffs 0 Jpeg fod fonabyg R11
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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 Lonnie L Maguire, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004078 Township Of Juniata, 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: November 13, 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 Lonnie L Maguire, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-004078 Township Of Juniata, 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: November 13, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Page 1
GRETCHEN WHITMER GOVERNOR RECEIVED eo 0CT 31 2024 bo MICHIGAN TAX TRIBUNAL En STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL A SSESSMENT Section 1: Petitioner’s Contact Information 586-747-8238 First Name MI. Last Name/Company Name Lonnie L Maguire Mailing Address (No., Street, P.O. Box or Rural Route) 4035 VanGeisen Rd. City or Town State ZIP Code Caro Mi 48723 Telephone Number Fax Number maguirelonn E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) ie21@gmail.com Section 2: Petitioner’s Atiornsy ROOT Zed Representative’s Contact Information First Name Last Name Firm Name (if any) Te — 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 1 How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] vest [] Not [] N/A appealing? *If yes, use a multiple parcel form for information **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. regarding any contiguous parcels. Property Address (No., Street, City, ST, ZIP) [If multiple, list first property's address] 4005 VanGeisen Rd., Caro, 48723
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain the Reason for this Appeal This property (4005) is exempt from current garbage collection assessment because the building is vacant and I'm paying/utilizing garbage pickup on adjoining property (4035) where | reside. Asking fo maintain exemption on 4005 property for 2024-2028 garbage collection special assessment district no.1 until I'm able to demo the structure. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? [0] Yes [7] No IF Yes, what was the date of the hearing held to confirm the special assessment rofl? If No, explain: Unable to attend Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature *reguired Petitioner or Attarn, ne ee? ture: IS NIA L AA re Zane i a yr
Page 3
Lonnie & Sandy Maguire ; 4035 VanGeisen Rd. METROPLEX MI -480 i ai 280CT 2024 PM7 L MicHIAS THX TRIB Po. BOX 3oz.32 Laws ng, Ml. 48909 SESE TF THREES [egy HP ffs 0 Jpeg fod fonabyg R11
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.