Michigan Nature Association, Petitioner Vs. City Of Munising, Respondent
- Petitioner
- Michigan Nature Association
- Respondent
- City Of Munising
Case overview
- Docket number
- 24-003370-TT
- Status
- Abeyance
- CaseType
- ET Property
- Division
- ET
- County
- Alger
- Judge
- Halm, Patricia L
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 13 | Order Removing Case from 12/1-15/25 PHGC | Not recorded | Not recorded | 08/18/2025 | Not recorded | Download |
| 12 | Granted | PET | 10 | 08/18/2025 | Not recorded | Download |
| 11 | Order granting Motion. | Not recorded | 10 | 08/18/2025 | Not recorded | Download |
| 10 | Motion for Abeyance was received. | PET | Not recorded | 08/04/2025 | $50.00 | Download |
| 9 | Prehearing General Call | Not recorded | Not recorded | 03/28/2025 | Not recorded | Download |
| 8 | Order Removing Case from PHGC | Not recorded | 7 | 01/03/2025 | Not recorded | Download |
| 7 | Prehearing General Call | Not recorded | Not recorded | 01/02/2025 | Not recorded | Download |
| 6 | Answer was received | Not recorded | Not recorded | 10/04/2024 | Not recorded | Download |
| 5 | ET Case Info Sheet | Not recorded | Not recorded | 10/04/2024 | Not recorded | Download |
| 4 | Proof of service of petition was received. | PET | Not recorded | 09/05/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 09/05/2024 | Not recorded | Download |
| 2 | Notice of Docket Number ET | Not recorded | Not recorded | 09/05/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 08/15/2024 | $400.00 | 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 Michigan Nature Association, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 24-003370 City of Munising, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING JOINT MOTION TO HOLD CASE IN ABEYANCE ORDER REMOVING CASE FROM DECEMBER 1-15, 2025 PREHEARING GENERAL CALL AND ORDER OF PROCEDURE On August 4, 2025, the parties filed a joint motion requesting that the Tribunal hold this case in abeyance pending resolution of Michigan Nature Association v City of Munising, (Docket No. 22-001091), Final Opinion and Judgment issued June 25, 2025, which is currently pending before the Michigan Court of Appeals, Case No. 376401.1 In the motion, the parties state that this case involves the same property and issues as in MTT Docket No. 22-001091, and that “[i]t is likely that resolution of the 2022 Property Tax Appeal by the Michigan Court of Appeals will resolve or otherwise be highly relevant to the issues in this 2023-2024 Property Tax Appeal.” The Tribunal has considered the motion and the case file and finds that placing this case in abeyance pending resolution of Michigan Nature Association v City of Munising, MTT Docket No. 22-001091, will facilitate the efficient administration of justice, as that resolution may have a direct bearing on the outcome of the instant appeal. Given this, this case is removed from the assigned Prehearing General Call and Order of Procedure. Therefore, IT IS ORDERED that the Joint Motion to Hold Case in Abeyance is GRANTED. IT IS FURTHER ORDERED that the parties shall notify the Tribunal in writing within 28 days of the resolution of Michigan Nature Association v City of Munising, MTT Docket No. 22-001091, as to the need for further proceedings in this matter. 1 In their motion, the parties cite MTT Docket No. 22-001100. However, on May 10, 2023, the Tribunal issued an order consolidating that case with MTT Docket No. 22-001091 and ordered future pleadings to refer to the consolidated cases as Docket No. 22-001091.
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MTT Docket No. 24-003370 Page 2 of 2 IT IS FURTHER ORDERED that this case is REMOVED from the December 1-15, 2025 Prehearing General Call and Order of Procedure. Entered: August 18, 2025 By _____________________________ plh 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 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL MICHIGAN NATURE ASSOCIATION, a Michigan nonprofit corporation, Petitioner, v CITY OF MUNISING, Respondent. Docket No. 24-003370 Thomas M. Amon (P72351) Warner Norcross + Judd LLP 150 Ottawa Ave NW, Suite 1500 Grand Rapids, MI 49503 (616) 752-2727 tamon@wnj.com Attorneys for Petitioner Scott W. Howard (P52028) OLSON & HOWARD, P.C. 520 S. Union Street Traverse City, MI 49684 (231) 946-0044 scott@envlaw.com Attorneys for Respondent JOINT MOTION TO HOLD CASE IN ABEYANCE NOW COMES Petitioner, Michigan Nature Association, by and through its attorneys, Warner Norcross + Judd LLP, together with Respondent, City of Munising, by and through its attorneys, Olson & Howard, P.C., and requests the Tribunal hold this case (“2023-24 Property Tax Appeal”) in abeyance pending the resolution of case number 22-001100 (Michigan Nature Association v City of Munising, the “2022 Property Tax Appeal”), which is pending before the Michigan Court of Appeals as Case No. 376401 In support of this Motion, Petitioner and Respondent state as follows: 1. The 2022 Property Tax Appeal was regarding whether Petitioner was entitled to several exemptions claimed by Petitioner on certain real property. A final order of this Tribunal
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2 was issued in the 2022 Property Tax Appeal, which Petitioner has appealed by right to the Michigan Court of Appeals as Case No. 376401. 2. This 2023-2024 Property Tax Appeal involves the same property and same exemptions that were at issue in the 2022 Property Tax Appeal. 3. It is likely that resolution of the 2022 Property Tax Appeal by the Michigan Court of Appeals will resolve or otherwise be highly relevant to the issues in this 2023-2024 Property Tax Appeal. WHEREFORE, Petitioner and Respondent respectfully request the Tribunal remove this appeal from the December 1, 2025 Prehearing General Call, and place this case in abeyance pending a decision from the Michigan Court of Appeals regarding the 2022 Property Tax Appeal. August 4, 2025 Thomas M. Amon (P72351) Warner Norcross + Judd LLP 150 Ottawa Ave NW, Suite 1500 Grand Rapids, MI 49503 (616) 752-2727 tamon@wnj.com Attorneys for Petitioner Scott W. Howard (P52028) OLSON & HOWARD, P.C. 520 S. Union Street Traverse City, MI 49684 (231) 946-0044 scott@envlaw.com Attorneys for Respondent 32940515
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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 Nature Association, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 24-003370 City of Munising, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING JOINT MOTION TO HOLD CASE IN ABEYANCE ORDER REMOVING CASE FROM DECEMBER 1-15, 2025 PREHEARING GENERAL CALL AND ORDER OF PROCEDURE On August 4, 2025, the parties filed a joint motion requesting that the Tribunal hold this case in abeyance pending resolution of Michigan Nature Association v City of Munising, (Docket No. 22-001091), Final Opinion and Judgment issued June 25, 2025, which is currently pending before the Michigan Court of Appeals, Case No. 376401.1 In the motion, the parties state that this case involves the same property and issues as in MTT Docket No. 22-001091, and that “[i]t is likely that resolution of the 2022 Property Tax Appeal by the Michigan Court of Appeals will resolve or otherwise be highly relevant to the issues in this 2023-2024 Property Tax Appeal.” The Tribunal has considered the motion and the case file and finds that placing this case in abeyance pending resolution of Michigan Nature Association v City of Munising, MTT Docket No. 22-001091, will facilitate the efficient administration of justice, as that resolution may have a direct bearing on the outcome of the instant appeal. Given this, this case is removed from the assigned Prehearing General Call and Order of Procedure. Therefore, IT IS ORDERED that the Joint Motion to Hold Case in Abeyance is GRANTED. IT IS FURTHER ORDERED that the parties shall notify the Tribunal in writing within 28 days of the resolution of Michigan Nature Association v City of Munising, MTT Docket No. 22-001091, as to the need for further proceedings in this matter. 1 In their motion, the parties cite MTT Docket No. 22-001100. However, on May 10, 2023, the Tribunal issued an order consolidating that case with MTT Docket No. 22-001091 and ordered future pleadings to refer to the consolidated cases as Docket No. 22-001091.
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MTT Docket No. 24-003370 Page 2 of 2 IT IS FURTHER ORDERED that this case is REMOVED from the December 1-15, 2025 Prehearing General Call and Order of Procedure. Entered: August 18, 2025 By _____________________________ plh 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 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL MICHIGAN NATURE ASSOCIATION, a Michigan nonprofit corporation, Petitioner, v CITY OF MUNISING, Respondent. Docket No. 24-003370 Thomas M. Amon (P72351) Warner Norcross + Judd LLP 150 Ottawa Ave NW, Suite 1500 Grand Rapids, MI 49503 (616) 752-2727 tamon@wnj.com Attorneys for Petitioner Scott W. Howard (P52028) OLSON & HOWARD, P.C. 520 S. Union Street Traverse City, MI 49684 (231) 946-0044 scott@envlaw.com Attorneys for Respondent JOINT MOTION TO HOLD CASE IN ABEYANCE NOW COMES Petitioner, Michigan Nature Association, by and through its attorneys, Warner Norcross + Judd LLP, together with Respondent, City of Munising, by and through its attorneys, Olson & Howard, P.C., and requests the Tribunal hold this case (“2023-24 Property Tax Appeal”) in abeyance pending the resolution of case number 22-001100 (Michigan Nature Association v City of Munising, the “2022 Property Tax Appeal”), which is pending before the Michigan Court of Appeals as Case No. 376401 In support of this Motion, Petitioner and Respondent state as follows: 1. The 2022 Property Tax Appeal was regarding whether Petitioner was entitled to several exemptions claimed by Petitioner on certain real property. A final order of this Tribunal
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2 was issued in the 2022 Property Tax Appeal, which Petitioner has appealed by right to the Michigan Court of Appeals as Case No. 376401. 2. This 2023-2024 Property Tax Appeal involves the same property and same exemptions that were at issue in the 2022 Property Tax Appeal. 3. It is likely that resolution of the 2022 Property Tax Appeal by the Michigan Court of Appeals will resolve or otherwise be highly relevant to the issues in this 2023-2024 Property Tax Appeal. WHEREFORE, Petitioner and Respondent respectfully request the Tribunal remove this appeal from the December 1, 2025 Prehearing General Call, and place this case in abeyance pending a decision from the Michigan Court of Appeals regarding the 2022 Property Tax Appeal. August 4, 2025 Thomas M. Amon (P72351) Warner Norcross + Judd LLP 150 Ottawa Ave NW, Suite 1500 Grand Rapids, MI 49503 (616) 752-2727 tamon@wnj.com Attorneys for Petitioner Scott W. Howard (P52028) OLSON & HOWARD, P.C. 520 S. Union Street Traverse City, MI 49684 (231) 946-0044 scott@envlaw.com Attorneys for Respondent 32940515
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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 NOTICE OF DECEMBER 1-15, 2025 PREHEARING GENERAL CALL AND ORDER OF PROCEDURE FOR NON-PROPERTY TAX AND PROPERTY TAX EXEMPTION CASES Michigan Nature Association, Petitioner, v City Of Munising, Respondent. MTT Docket No. 24-003370 Please be advised that this case has been placed on a Prehearing General Call commencing December 1, 2025. Parties will be notified at least one week before they are scheduled to appear. In accordance with MCR 1.109(D)(9), the responsibility for excluding or redacting personal identifying information (PII) from all documents filed with or offered to the Tribunal rests solely with the parties and their attorneys. The Tribunal is not responsible for or required to review, redact, or screen documents at the time of filing for PII whether filed electronically or on paper. Please refer to the Tribunal’s FAQs and Glossary of Terms pages on our website for more information. IT IS ORDERED that discovery is CLOSED on October 1, 2025, which means all discovery has been requested, all motions to compel have been filed, and all requested or ordered discovery has been exchanged by that date. IT IS FURTHER ORDERED that the parties shall file and exchange their Prehearing Statements by October 1, 2025. Witnesses, with the exception of rebuttal witnesses, will not be allowed to testify unless disclosed in the Prehearing Statement and the Prehearing Statement is furnished in accordance with this Order except upon a finding of good cause by the Tribunal. Failure to file the Prehearing Statement may result in holding a party or parties in default, as provided by TTR 237. IT IS FURTHER ORDERED that the deadline to file and serve a Motion for Summary Disposition is November 3, 2025.1 IT IS FURTHER ORDERED that responses to a Motion for Summary Disposition must be filed and served within 21 days of service of the Motion for Summary Disposition. 1 Pursuant to TTR 225(5): “Except as ordered by the tribunal, the combined length of any motion and brief or response and brief may not exceed 20 pages doubled-spaced with 1-inch margins and 12-point type, exclusive of attachments and exhibits. Case quotes and footnotes in a brief may be single-spaced.” See also MCR 2.119.
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MTT Docket No. 24-003370 Page 2 of 2 IT IS FURTHER ORDERED that a case listed on this call that is not scheduled for a date certain Prehearing Conference during the time frame indicated above may be scheduled for a date certain Prehearing Conference at any time subsequent to the completion date for this Prehearing General Call. Parties will, however, be notified in writing approximately one week before they are scheduled to appear. IT IS FURTHER ORDERED that if a Motion for Summary Disposition is filed by the deadline established herein, a Prehearing Conference will not be scheduled until after the Motion is ruled upon. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: March 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 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 Michigan Nature Association, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 24-003370 City of Munising, Presiding Judge Respondent. Patricia L. Halm ORDER REMOVING CASE FROM DECEMBER 1-15, 2025 PREHEARING GENERAL CALL On January 2, 2025, the Tribunal issued a notice placing this case on the December 1-15, 2025 Prehearing General Call and Order of Procedure. Thereafter, it was determined that Petitioner is claiming an exemption from property taxes under MCL 211.7o(1), MCL 211.7o(5), and MCL 211.7n. As a result, the Tribunal finds that to facilitate the efficient administration of justice, this case shall be removed from the Prehearing General Call and Order of Procedure and scheduled for a Status Conference in the normal course of scheduling.1 Therefore, IT IS ORDERED that this case is REMOVED from the December 1-15, 2025 Prehearing General Call. Entered: January 3, 2025 By ___________________________ plh 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 1 See Tax Tribunal Newsletter 2023-3.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA ACTING 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 NOTICE OF DECEMBER 1 - 15, 2025 PREHEARING GENERAL CALL AND ORDER OF PROCEDURE Michigan Nature Association, Petitioner, v City Of Munising, Respondent. MTT Docket No. 24-003370 Please be advised that 24-003370 has been placed on a two-week Prehearing General Call commencing December 01, 2025. Parties will be notified at least one week before they are scheduled to appear. Parties are required to submit a valuation disclosure or written notification that no valuation disclosure is required by the dates indicated herein. A “valuation disclosure” is defined as documentary or other tangible evidence in a property tax proceeding that a party relies upon in support of the party’s contention as to the true cash value of the subject property or any portion thereof and contains the party’s value conclusion and data, valuation methodology, analysis or reasoning, as provided by TTR 237. In accordance with MCR 1.109(D)(9), as of January 1, 2021, the responsibility for excluding or redacting personal identifying information (PII) from all documents filed with or offered to the Tribunal rests solely with the parties and their attorneys. The Tribunal is not responsible for or required to review, redact, or screen documents at the time of filing for PII whether filed electronically or on paper. Please refer to the Tribunal’s FAQs and Glossary of Terms pages on our website for more information. IT IS ORDERED that the parties shall: a. If no valuation disclosure is required, notify the Tribunal and the opposing parties in writing within 21 days of entry of this Order that no valuation disclosure is being filed. The notice shall indicate the reason or reasons why no valuation disclosure is required (i.e., exemption claim, etc.). b. If a valuation disclosure is required, file and exchange their valuation disclosures by August 4, 2025. Valuation disclosures will not be admitted into evidence unless disclosed and furnished in accordance with this Order (even though admissible) except upon a finding of good cause by the Tribunal.
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MTT Docket No. 24-003370 Page 2 of 2 IT IS FURTHER ORDERED that the parties shall file and exchange their Prehearing Statements by August 4, 2025. Witnesses will not be allowed to testify unless disclosed in the Prehearing Statement and the Prehearing Statement is furnished in accordance with this Order except upon a finding of good cause by the Tribunal. Failure to file the Prehearing Statement may result in holding a party or parties in default, as provided by TTR 237. IT IS FURTHER ORDERED that “Pre-Valuation Disclosure” discovery is CLOSED on August 4, 2025, which means all discovery has been requested, all motions to compel have been filed and resolved, and all requested or ordered discovery has been exchanged by that date. Discovery relative to the valuation disclosure prepared for purposes of litigating this case or the valuation expert that prepared that valuation disclosure is not permitted during “Pre-Valuation Disclosure” discovery. IT IS FURTHER ORDERED that “Post-Valuation Disclosure” discovery is CLOSED on December 1, 2025, which means all discovery has been requested, all motions to compel have been filed and resolved, and all requested or ordered discovery has been exchanged by that date. “Post-Valuation Disclosure” discovery is limited to the opposing party’s valuation disclosure, the opposing party’s valuation expert, and the witnesses identified on the opposing party’s Prehearing Statement. IT IS FURTHER ORDERED that if this case is not scheduled for a date certain Prehearing Conference during the time frame indicated it may be scheduled for a date certain Prehearing Conference at any time subsequent to the completion date for this Prehearing General Call. Parties will, however, be notified in writing approximately one week before they are scheduled to appear. By:_____________________________________ Patricia L. Halm, Tribunal Chair Entered: January 2, 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:
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STATE OF
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1 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL MICHIGAN NATURE ASSOCIATION, a Michigan nonprofit corporation, Petitioner, v CITY OF MUNISING, Respondent. MTT Docket No. 24-003370 Scott W. Howard (P52028) OLSON & HOWARD, P.C. Attorneys for Petitioner 420 East Front Street Traverse City, MI 49686 (231) 946-0044 scott@envlaw.com Thomas M. Amon (P72351) WARNER NORCROSS & JUDD LLP Attorneys for Respondent 150 Ottawa Ave NW, Suite 1500 Grand Rapids, MI 49503 (616) 752-2000 tamon@wnj.com ANSWER Respondent, City of Munising, by and through its attorneys, OLSON & HOWARD, PC, submits the following response to the Petition: 1. This Appeal is regarding Parcel No. 051-451-054 -00, 051-451-056-00 and 051-451- 071-00 (the “Property”). The parcels comprising the Property are contiguous and within the same assessing unit. ANSWER: Respondent admits the property identified in Paragraph 1 of the Petition is a parcel of real property within the Respondent’s jurisdiction. 2. The Property identified above is real property.
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2 ANSWER: Admits. 3. The Property is and/or was classified as 090 Exempt. Respondent has not indicated the new classification of the Property if any. ANSWER: Denied. The March Board of Review determined that this property is no longer exempt based on the fact that the property is no longer accessible to the public as indicated by signs posted on the property and no evidence was presented of the charitable or educational benefit to the community. 4. The Property is owned by Petitioner. Petitioner is a Michigan nonprofit Corporation with its resident agent located at 2310 Science Parkway, Okemos, MI. As stated in its Articles of Incorporation (attached as Exhibit C), MNA’s purposes are: The purpose or purposes for which the corporation is organized are: MNA’s purposes are: (a) To acquire, maintain, and protect natural areas that predominantly contain examples of Michigan fauna, flora, geologic features, and other components and aspects of the natural environment of Michigan, including habitat and natural communities for fish, wildlife and plants, in the State of Michigan; (b) To carry on a program of conservation study and education; (c) To carry on such other activities as are permitted under the Michigan Nonprofit Corporation Act. ANSWER: Neither admit nor deny. Respondent leaves Petitioner to their proofs. 5. Respondent is a City under Michigan law that has wrongfully attempted to remove the Property’s tax-exempt status and make it subject to taxation. ANSWER: Denied. 6. The decisions at issue (attached as Exhibit A) were issued by the March Board of Review at its July 16, 2024 meeting. ANSWER: Neither admit nor deny. The exhibit speaks for itself and Respondent leaves Petitioner to their proofs.
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3 7. The Tribunal has jurisdiction of this Matter under MCL 205.731 and 205.735a. ANSWER: Admit. 8. The Property is located in Alger County. It does not have an official address. ANSWER: Neither admit nor deny. Respondent leaves Petitioner to their proofs. 9. The assessment at issue was established by the City of Munising’s Board of Review. ANSWER: Admit. 10. Petitioners’ legal residence or principal office address is 2310 Science Parkway, Okemos, MI. ANSWER: Neither admit nor deny. Respondent leaves Petitioner to their proofs. 11. This appeal involves issues relating to the Property’s exemption from taxation and the Board of Review’s incorrect determination that the Property in question constituted “omitted” property. ANSWER: Denied. The March Board of Review determined that this property is no longer exempt based on the fact that the property is no longer accessible to the public as indicated by signs posted on the property and no evidence was presented of the charitable or educational benefit to the community. 12. The Property has been owned by the MNA and has had tax exempt status for approximately 33 years or more. ANSWER: Neither admit nor deny. Respondent leaves Petitioner to their proofs. 13. The tax years at issue are 2023 and 2024. ANSWER: Neither admit nor deny. Respondent leaves Petitioner to their proofs.
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4 14. The values for the Property as stated in the Exhibit A are: ANSWER: Admit. 15. Petitioner contends that the Property is exempt from taxation under Michigan law for the 2023 and 2024 tax years. Accordingly, the entire amount of the values determined by the Board of Review, as set forth in the proceeding paragraph, are in dispute. ANSWER: Denied. The City of Munising has determined that this property
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Respondent MOAHR DOCKET NO. 24-003370 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Munising (ALGER) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan 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: Attorney/Authorized Representative’s Contact Information First Name Scott M.I. W. Last Name Howard Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 420 E. Front Street City or Town Traverse City State Michigan ZIP Code 49686 Telephone Number 231-946-0044 Fax Number 231-946-4807 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Scott@envlaw.com Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: Scott W. Howard /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) PROOF OF SERVICE FOR PROPERTY TAX PETITION *To be filed after the Tribunal issues the Notice of Docket Number* ___________________________________ states that on ___________________ he/she [Name of person serving/mailing petition] [date of service] served a copy of the Petition relative to the above-captioned matter upon: [Provide name and address of the following entities] 1. Assessor (via certified mail): ______________________________________________________________________ ______________________________________________________________________ 2. City Clerk or Township Supervisor/Clerk (via certified mail): ______________________________________________________________________ ______________________________________________________________________ 3. County Equalization Director (via first class mail or personal service): ______________________________________________________________________ ______________________________________________________________________ 4. County Clerk (via first class mail or personal service): ______________________________________________________________________ ______________________________________________________________________ 5. Secretary of the local school board (via first class mail or personal service): ______________________________________________________________________ ______________________________________________________________________ 6. State Treasurer (via first class mail): Michigan Department of Treasury, State Treasurer 430 W. Allegan Lansing, MI 48922 _______________________________ _______________________________ [Signature of person who is serving/mailing copy] [Print/type name of person serving/mailing copy] Michigan Nature Association 24-003370 City of Munising Hallie Miller 09/05/2024 Mark Maki 301 E. Superior Street, Munising, MI Sue Roberts 301 E. Superior Street, Munising, MI Stephanie Pierson 101 Court Street, Munising, MI 49862 Joel Vandevelde 101 Court Street, Munising, MI 49862 John Carr 810 State Highway M-28 West, Munising, MI 49862 Hallie Miller
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RECEIVED J \ AUG 2 3 2024 Warner Norcross +Judd Lp MICHIGAN TAX TRIBUN AL August 14, 2024 Via Federal Express Michigan Tax Tribunal 2nd Floor Michigan Tax Tribunal 2407 N. Grand River Avenue Lansing, Michigan 48906 Re: Michigan Nature Association v City of Munising Dear Clerk: Enclosed please find a check in the amount of $400.00 along with one original and two copies of the Petition. Please contact me with any questions. Sincerely, Thomas M. Amon TMA/hem RET7-1 BETT-1 08/15/24
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RECEIVED AUG 2 8 704 STATE OF MICHIGAN mic DEPARTMENT OF LICENSING & REGULATORY AFFAIRS AN TAX TRIB na; MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL MICHIGAN NATURE ASSOCIATION, a Michigan nonprofit corporation, MTT Docket No. Petitioner, v CITY OF MUNISING, Respondent. Thomas M. Amon (P72351) WARNER NORCROSS & JUDD LLP 150 Ottawa Ave NW, Suite 1500 Grand Rapids, MI 49503 Telephone: (616) 752-2000 Attorneys for Petitioner / PETITION Petitioner Michigan Nature Association (“MNA” or “Petitioner”) hereby petitions the Michigan Tax Tribunal to overrule Respondent City of Munising’s decision to assess the property with Parcel Nos. 051-451-054-00, 051-451-056-00, and 051-451-071-00 for tax years 2023 and 2024, as set forth in the enclosed Board of Review decisions that were issued on July 16, 2024, because these parcels are exempt from taxation under Michigan law. In support of its Petition, Petitioner states:
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2. The Property identified above is real property. 3. The Property is and/or was classified as 090 Exempt. Respondent has not indicated the new classification of the Property, if any. 4. The Property is owned by Petitioner. Petitioner is a Michigan nonprofit Corporation with its resident agent located at 2310 Science Parkway, Okemos, MI. As stated in its Articles of Incorporation, MNA’s purposes are: The purpose or purposes for which the corporation is organized are: MNA’s purposes are: (a) To acquire, maintain, and protect nalural areas that predominantly contain examples of Michigan fauna, flora, geologic features, and other components and aspects of the natural environment of Michigan, including habitat and natural communities for fish, wildlife and plants, in the State of Michigan; (b) To carry on a program of conservation study and education; and (c) To cary on such other activities as are permitted under the Michigan Nonprofit Corporation Act, 5. Respondent is a City under Michigan law that has wrongfully attempted to remove the Property’s tax-exempt status and make it subject to taxation. 6. The decisions at issue (attached as Exhibit A) were issued by the March Board of Review at its July 16, 2024 meeting. 7. The Tribunal has jurisdiction of this Matter under MCL 205.731 and 205.735a. 8. The Property is located in Alger County. It does not have an official address. 9. The assessment at issue was established by the City of Munising’s Board of Review. 10. Petitioners’ legal residence or principal office address is 2310 Science Parkway, Okemos, MI.
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13. The tax years at issue are 2023 and 2024. 14. The values for the Property as stated in the Exhibit A are: Parcel No. True Cash Value-2023 Assessed Value-2023 | Taxable Value-2023 051-451-054-00 } $42,600 $21,300 $21,300 051-451-056-00 | $39,000 $19,500 $19,500 051-451-071-00 | $9,000 $4,500 $4,500 Parcel No. True Cash Value-2024 Assessed Value-2024 | Taxable Value-2024 051-451-054-00 | $42,600 $21,300 $21,300 051-451-056-00 | $39,000 $19,500 $19,500 051-451-071-00 | $9,000 $4,500 $4,500 15. Petitioner contends that the Property is exempt from taxation under Michigan law for the 2023 and 2024 tax years. Accordingly, the entire amount of the values determined by the Board of Review, as set forth in the preceding paragraph, are in dispute. 16. Petitioners request that the Tribunal cancel the assessments in their entirety, find that the Property is exempt from taxation in its entirety under Michigan law, and award Petitioners
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a. As set forth in more detail in the docket filings for the prior tax appeal between the same parties for the 2022 Tax Year, MTT Docket No. 22-001091-TT, the Property is exempt under numerous provisions of Michigan law; b. The Property has been treated as tax exempt for decades and is owned by MNA; ¢. The MNA is a nonprofit charitable institution, whose purposes for incorporation are stated in its Articles of Incorporation, which are excerpted in paragraph 4 above; d. The MNA acquired, owns, and occupies the Property for the purposes
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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 Nature Association, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 24-003370 City Of Munising, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this Notice, as required by TTR 221 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this Notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this Notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the Notice may result in the dismissal of this case. Under TTR 229(1), “[t]he respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: __Tribunal Clerk________ Entered: September 5, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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RECEIVED J \ AUG 2 3 2024 Warner Norcross +Judd Lp MICHIGAN TAX TRIBUN AL August 14, 2024 Via Federal Express Michigan Tax Tribunal 2nd Floor Michigan Tax Tribunal 2407 N. Grand River Avenue Lansing, Michigan 48906 Re: Michigan Nature Association v City of Munising Dear Clerk: Enclosed please find a check in the amount of $400.00 along with one original and two copies of the Petition. Please contact me with any questions. Sincerely, Thomas M. Amon TMA/hem RET7-1 BETT-1 08/15/24
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RECEIVED AUG 2 8 704 STATE OF MICHIGAN mic DEPARTMENT OF LICENSING & REGULATORY AFFAIRS AN TAX TRIB na; MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL MICHIGAN NATURE ASSOCIATION, a Michigan nonprofit corporation, MTT Docket No. Petitioner, v CITY OF MUNISING, Respondent. Thomas M. Amon (P72351) WARNER NORCROSS & JUDD LLP 150 Ottawa Ave NW, Suite 1500 Grand Rapids, MI 49503 Telephone: (616) 752-2000 Attorneys for Petitioner / PETITION Petitioner Michigan Nature Association (“MNA” or “Petitioner”) hereby petitions the Michigan Tax Tribunal to overrule Respondent City of Munising’s decision to assess the property with Parcel Nos. 051-451-054-00, 051-451-056-00, and 051-451-071-00 for tax years 2023 and 2024, as set forth in the enclosed Board of Review decisions that were issued on July 16, 2024, because these parcels are exempt from taxation under Michigan law. In support of its Petition, Petitioner states:
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2. The Property identified above is real property. 3. The Property is and/or was classified as 090 Exempt. Respondent has not indicated the new classification of the Property, if any. 4. The Property is owned by Petitioner. Petitioner is a Michigan nonprofit Corporation with its resident agent located at 2310 Science Parkway, Okemos, MI. As stated in its Articles of Incorporation, MNA’s purposes are: The purpose or purposes for which the corporation is organized are: MNA’s purposes are: (a) To acquire, maintain, and protect nalural areas that predominantly contain examples of Michigan fauna, flora, geologic features, and other components and aspects of the natural environment of Michigan, including habitat and natural communities for fish, wildlife and plants, in the State of Michigan; (b) To carry on a program of conservation study and education; and (c) To cary on such other activities as are permitted under the Michigan Nonprofit Corporation Act, 5. Respondent is a City under Michigan law that has wrongfully attempted to remove the Property’s tax-exempt status and make it subject to taxation. 6. The decisions at issue (attached as Exhibit A) were issued by the March Board of Review at its July 16, 2024 meeting. 7. The Tribunal has jurisdiction of this Matter under MCL 205.731 and 205.735a. 8. The Property is located in Alger County. It does not have an official address. 9. The assessment at issue was established by the City of Munising’s Board of Review. 10. Petitioners’ legal residence or principal office address is 2310 Science Parkway, Okemos, MI.
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13. The tax years at issue are 2023 and 2024. 14. The values for the Property as stated in the Exhibit A are: Parcel No. True Cash Value-2023 Assessed Value-2023 | Taxable Value-2023 051-451-054-00 } $42,600 $21,300 $21,300 051-451-056-00 | $39,000 $19,500 $19,500 051-451-071-00 | $9,000 $4,500 $4,500 Parcel No. True Cash Value-2024 Assessed Value-2024 | Taxable Value-2024 051-451-054-00 | $42,600 $21,300 $21,300 051-451-056-00 | $39,000 $19,500 $19,500 051-451-071-00 | $9,000 $4,500 $4,500 15. Petitioner contends that the Property is exempt from taxation under Michigan law for the 2023 and 2024 tax years. Accordingly, the entire amount of the values determined by the Board of Review, as set forth in the preceding paragraph, are in dispute. 16. Petitioners request that the Tribunal cancel the assessments in their entirety, find that the Property is exempt from taxation in its entirety under Michigan law, and award Petitioners
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a. As set forth in more detail in the docket filings for the prior tax appeal between the same parties for the 2022 Tax Year, MTT Docket No. 22-001091-TT, the Property is exempt under numerous provisions of Michigan law; b. The Property has been treated as tax exempt for decades and is owned by MNA; ¢. The MNA is a nonprofit charitable institution, whose purposes for incorporation are stated in its Articles of Incorporation, which are excerpted in paragraph 4 above; d. The MNA acquired, owns, and occupies the Property for the purposes
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Date
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