Michigan Tail Draggers LLC, Petitioner V Township Of Ray, Respondent
- Petitioner
- Michigan Tail Draggers LLC
- Respondent
- Township Of Ray
Case overview
- Docket number
- 24-003983-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Macomb
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 7 | Denied | PET | 5 | 11/26/2024 | Not recorded | Download |
| 6 | Order Denying Motion for Reconsideration | Not recorded | 5 | 11/26/2024 | Not recorded | Download |
| 5 | Motion for Reconsideration was received. | PET | Not recorded | 11/06/2024 | $25.00 | Download |
| 4 | Order of Dismissal | Not recorded | Not recorded | 10/29/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/29/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/24/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 09/20/2024 | $250.00 | Download |
Documents
Read document text excerpt
Page 1
Michigan Tail Draggers LLC,
Petitioner
Township of Ray,
Respondent
RECEIVED
NOV 1 4 2024
MICHIGAN TAX TRIBUNAL
MICHIGAN TAX TRIBUNAL
SMALL CLAIMS DIVISION
MTT Docket No. 24-003983
MOTION FOR RECONSIDERATION
|
am
requesting
reconsideration
of the
Order
of
Dismissal
dated
October 29, 2024, on the grounds that
| was not informed in a timely
manner of the Ray Township 2024 Board of Review's decision.
I did not receive the Board's ruling until August 15, 2024 when
| called
Mr. Mark Lorkowski, the Township Assessor, inquiring as to when
| might
hear from them. He immediately faxed me the decision {see attached).
He explained he was new on the job, having taken over from Ms. Shawn
Biernat.
It appears someone dropped the ball
in informing me in the
required time limits. They have my address, phone number and email
address, but weren't able to get the information to me.
LlPage 2
FROM RAY TOWNSHIP ASSESSOR - SHAWN BIERNAT 64255 WOLCOTT RAY TOWNSHIP MICHIGAN 48096 NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: PROPERTY IDENTIFICATION: (Parcel Code required. Property address and legal description optional,): 21-55-26-911-431 59819 INDIAN TRAIL MICHIGAN TAIL DRAGGERS LLC 23322 PINETREE CIR BUILDING ON LEASED LAND REAL PROPERTY NUMBER MACOMB MI 48042 05-26-400-030 BLDG 431 UNIT C RAY COMMUNITY AIRPORT THIS PROPERTY IS CLASSIFIED 210 (COMMERCIAL BUILDING ON Thank you for attending this years March Board of Review. The Board has reviewed the information you supplied and the data necessary to compute your assessment and taxable value, The Board has completed their review of parcel number 21-55-26-911-431 They have made the following determination based on the information you supplied. Board of Review Comments 2024 MBOR: PETITIONER APPEALED THE ASSESSED VALUE AND THE TAX CLASSIFICATION. THE BOARD OF REVIEW DENIED THE ASSESSED VALUE APPEAL, STATING PRIOR SALES JUSTIFY VALUE AMOUNTS, AND DENIED THE CLASSIFICATION APPEAL, STATING THEY DO NOT HAVE AUTHORITY. [2024 ORIGINAL ASSESSED VALUE 33,900 | [2024 "BOARD OF REVIEW" ASSESSED VALUE 33,900 (If the above amounts are the same, no revisions have occured) 2024 ORIGINAL TAXABLE VALUE 33,600 2024 "BOARD OF REVIEW" TAXABLE VALUE 33,600 2024 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 0.0000 Please feel free to contact the assessor at the address listed above or call if you have any questions, “Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required to file a petition to initiate a new Small Claims appeal. Petition forms are available on this website.” http://www.michigan.gov/taxtrib/0,4677,7-187-38254---,00.html
Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Michigan Tail Draggers LLC MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 24-003983 Township of Ray , Respondent(s) PROOF OF SERVICE Douglas Conciatu states that on Nove wen b (04 he/she [Name of person servirg/mailing petition] [date of service] served a copy of the Motion for Reconsideration relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Ray Township Assesor, Mark Lorkowski 64255 Wolcott Ray Township, MI 48096 Voll \ dy [Signature of perso yw serving/mailing copy] Douglas J. Conciatu [Print/type name of person serving/mailing copy]
Page 4
[EYE — METROPLEX MI 480 pl “| 23322 Pinetree Cir -r__ #| Macomb, MI 48042 6 NOV 2024 PM iS OV 2 isi Mica [NN TTA TRISORAL P.0. Bw 30737 ANS INE, ME Aggoq sift sf iii int
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Page 1
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 Tail Draggers LLC, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003983 Ray Township, Presiding Judge Respondent. Marcus L. Abood ORDER DENYING PETITIONER’S MOTION FOR RECONSIDERATION On November 6, 2024, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal (order) entered in this case on October 29, 2024. In the motion, Petitioner states they did not receive the denial until August 15, 2024. The Tribunal has considered the motion and the case file and finds that the appeal was dismissed because Petitioner did not file a petition on or before May 31, 2024 as required by statute. Petitioner contends there was no notice of the denial until August 15, 2024, and even assuming that is true, Petitioner did not file a petition within 35 days of that date as required under MCL 205.735a(6). The Tribunal has no equitable power to waive or otherwise disregard a statutory filing deadline, and as a result, it has no authority to grant Petitioner the relief requested Given the above, Petitioner has failed to demonstrate a palpable error relative to the order that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.1 Therefore, IT IS ORDERED that Petitioner’s Motion for Reconsideration is DENIED. This Order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, 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. 1 See MCR 2.119.
Page 2
MTT Docket No. 24-003983 Page 2 of 2 By Entered: November 26, 2024 bw/jcr PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Page 1
Michigan Tail Draggers LLC,
Petitioner
Township of Ray,
Respondent
RECEIVED
NOV 1 4 2024
MICHIGAN TAX TRIBUNAL
MICHIGAN TAX TRIBUNAL
SMALL CLAIMS DIVISION
MTT Docket No. 24-003983
MOTION FOR RECONSIDERATION
|
am
requesting
reconsideration
of the
Order
of
Dismissal
dated
October 29, 2024, on the grounds that
| was not informed in a timely
manner of the Ray Township 2024 Board of Review's decision.
I did not receive the Board's ruling until August 15, 2024 when
| called
Mr. Mark Lorkowski, the Township Assessor, inquiring as to when
| might
hear from them. He immediately faxed me the decision {see attached).
He explained he was new on the job, having taken over from Ms. Shawn
Biernat.
It appears someone dropped the ball
in informing me in the
required time limits. They have my address, phone number and email
address, but weren't able to get the information to me.
LlPage 2
FROM RAY TOWNSHIP ASSESSOR - SHAWN BIERNAT 64255 WOLCOTT RAY TOWNSHIP MICHIGAN 48096 NAME AND ADDRESS OF OWNER OR PERSON NAMED ON ASSESSMENT ROLL: PROPERTY IDENTIFICATION: (Parcel Code required. Property address and legal description optional,): 21-55-26-911-431 59819 INDIAN TRAIL MICHIGAN TAIL DRAGGERS LLC 23322 PINETREE CIR BUILDING ON LEASED LAND REAL PROPERTY NUMBER MACOMB MI 48042 05-26-400-030 BLDG 431 UNIT C RAY COMMUNITY AIRPORT THIS PROPERTY IS CLASSIFIED 210 (COMMERCIAL BUILDING ON Thank you for attending this years March Board of Review. The Board has reviewed the information you supplied and the data necessary to compute your assessment and taxable value, The Board has completed their review of parcel number 21-55-26-911-431 They have made the following determination based on the information you supplied. Board of Review Comments 2024 MBOR: PETITIONER APPEALED THE ASSESSED VALUE AND THE TAX CLASSIFICATION. THE BOARD OF REVIEW DENIED THE ASSESSED VALUE APPEAL, STATING PRIOR SALES JUSTIFY VALUE AMOUNTS, AND DENIED THE CLASSIFICATION APPEAL, STATING THEY DO NOT HAVE AUTHORITY. [2024 ORIGINAL ASSESSED VALUE 33,900 | [2024 "BOARD OF REVIEW" ASSESSED VALUE 33,900 (If the above amounts are the same, no revisions have occured) 2024 ORIGINAL TAXABLE VALUE 33,600 2024 "BOARD OF REVIEW" TAXABLE VALUE 33,600 2024 PRINCIPAL RESIDENCE EXEMPTION/QUALIFIED AG 0.0000 Please feel free to contact the assessor at the address listed above or call if you have any questions, “Effective March 1, 2013, the Tribunal is no longer able to accept Small Claims letter appeals. Rather, you are required to file a petition to initiate a new Small Claims appeal. Petition forms are available on this website.” http://www.michigan.gov/taxtrib/0,4677,7-187-38254---,00.html
Page 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Michigan Tail Draggers LLC MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 24-003983 Township of Ray , Respondent(s) PROOF OF SERVICE Douglas Conciatu states that on Nove wen b (04 he/she [Name of person servirg/mailing petition] [date of service] served a copy of the Motion for Reconsideration relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Ray Township Assesor, Mark Lorkowski 64255 Wolcott Ray Township, MI 48096 Voll \ dy [Signature of perso yw serving/mailing copy] Douglas J. Conciatu [Print/type name of person serving/mailing copy]
Page 4
[EYE — METROPLEX MI 480 pl “| 23322 Pinetree Cir -r__ #| Macomb, MI 48042 6 NOV 2024 PM iS OV 2 isi Mica [NN TTA TRISORAL P.0. Bw 30737 ANS INE, ME Aggoq sift sf iii int
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Page 1
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 Tail Draggers LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003983 Township Of Ray, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by May 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that 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
Page 2
MTT Docket No. 24-003983 Page 2 of 6 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. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: October 29, 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 3
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 Tail Draggers LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003983 Township Of Ray, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The petition was not filed by May 31 or the next business day after the Tribunal offices were closed. See MCL 205.735a(6). Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that 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
Page 4
MTT Docket No. 24-003983 Page 4 of 6 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. By:___________________________________ Patricia L. Halm, Tribunal Chair Entered: October 29, 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 5
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY
Page 6
MTT Docket No.
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Page 1
RECEIVED ’ Traninfo:4606 25709BT0-1 09/16/24 SEP 2.0 2024 Chih: 326 fats $250.00 0: ICHIGAN TAIL DRAGGERS LLC MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS 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 Douglas J Conciatu/Michigan Tail Draggers LLC Mailing Address (No., Street, P.O. Box or Rural Route) 23322 Pinetree Cir City or Town State ZIP Code Macomb Mi 48042 Telephone Number Fax Number 586-491-0286 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) champ59e@aol.com Section 2: Petitioner's Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (checkall that apply)
True Cash and Taxable Value
{7 Poverty Exemption
[J Taxable Value Only (calculation)
[1 Disabled Veterans Exemption
[1 uncapping of Taxable Value
[1 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
TRUE CASH and TAXABLE VALUE - The building in question is an aircraft storage
hangar purchased in 2022 for $50,000. In 2023 the Township assessed it for $30,400
making the True Cash Value $60,800 an increase of 21% over what
| paid for it. In
2024 the SEV was raised to $33,900 or $67,800 True Cash Value.
It is my contention
that the purchase price of $50,000 should have been the basis for the original true
cash value and not the $60,400 the township assessed and that the SEV for 2024
should be adjusted accordingly.
CLASSIFICATION - Ray Township classified the storage unit as a Commercial
Building on Leased Land (210). Per MCA 211.34 c (b) (iv) the classification is wrong
since the hangar, though on leased land, is NOT used for any commercial purposes,
but strictly for recreational activities. With that in mind, the classification that is most in
line with the statute is 211.34c (e)(ii), Residential for Recreational Purposes.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment at a Board of Review (BOR)?
Yes
J Ne
If Yes, check which BOR you attended AND attach the BOR decision:
March
a July
O December
If No, check the applicable reason(s):
(}
Not required to attend
[| Assessment Change Notice was not received by PetitionerPage 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
ORLENE HAWKS
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels.
Parcel Identification Number:
21-55-26-911-431
Classification of Property:
Real
Personal
(check one)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
$33,800
Current Taxable Value as established by the BOR:
$33,900
What do you believe is the fair market vaiue (also known as True Cash Value)?
$50,000
Muitiply the True Cash Value by .5 and enter here. This is your contention of Assessed Vali.
$25,000
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
The purchase price should be the basis for the True Cash Value
Section 8: Classification Information *Only the MI Dep't of Treasury may appeal this issue to the Tribunal*
Parcel Identification Number:
21-55-26-911-431
Current Classification of Property as established by Board of Review:
Real
Personal
(check one)
Agricuitural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one}
[4
What do you believe is the property’s classification?
&
Personal
(check one)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utitity
{check ane)
If improved property, how is the property currently being used?
Aircraft storage
tf improved property, for what use was the property designed?
Aircraft storagePage 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR Fee Information Doss the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [ Yes No Are you appealing ONLY the denial of a Poverty Exemption? [7 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 wili be added for each additional parcel being appealed, not to
Page 5
nk
Page 6
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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 Tail Draggers LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003983 Township Of Ray, 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 24, 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 Michigan Tail Draggers LLC, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003983 Township Of Ray, 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 24, 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
RECEIVED ’ Traninfo:4606 25709BT0-1 09/16/24 SEP 2.0 2024 Chih: 326 fats $250.00 0: ICHIGAN TAIL DRAGGERS LLC MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS 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 Douglas J Conciatu/Michigan Tail Draggers LLC Mailing Address (No., Street, P.O. Box or Rural Route) 23322 Pinetree Cir City or Town State ZIP Code Macomb Mi 48042 Telephone Number Fax Number 586-491-0286 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) champ59e@aol.com Section 2: Petitioner's Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel
Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (checkall that apply)
True Cash and Taxable Value
{7 Poverty Exemption
[J Taxable Value Only (calculation)
[1 Disabled Veterans Exemption
[1 uncapping of Taxable Value
[1 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
TRUE CASH and TAXABLE VALUE - The building in question is an aircraft storage
hangar purchased in 2022 for $50,000. In 2023 the Township assessed it for $30,400
making the True Cash Value $60,800 an increase of 21% over what
| paid for it. In
2024 the SEV was raised to $33,900 or $67,800 True Cash Value.
It is my contention
that the purchase price of $50,000 should have been the basis for the original true
cash value and not the $60,400 the township assessed and that the SEV for 2024
should be adjusted accordingly.
CLASSIFICATION - Ray Township classified the storage unit as a Commercial
Building on Leased Land (210). Per MCA 211.34 c (b) (iv) the classification is wrong
since the hangar, though on leased land, is NOT used for any commercial purposes,
but strictly for recreational activities. With that in mind, the classification that is most in
line with the statute is 211.34c (e)(ii), Residential for Recreational Purposes.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2024
Did you protest the assessment at a Board of Review (BOR)?
Yes
J Ne
If Yes, check which BOR you attended AND attach the BOR decision:
March
a July
O December
If No, check the applicable reason(s):
(}
Not required to attend
[| Assessment Change Notice was not received by PetitionerPage 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
ORLENE HAWKS
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels.
Parcel Identification Number:
21-55-26-911-431
Classification of Property:
Real
Personal
(check one)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as State Equalized Value) as established by the BOR:
$33,800
Current Taxable Value as established by the BOR:
$33,900
What do you believe is the fair market vaiue (also known as True Cash Value)?
$50,000
Muitiply the True Cash Value by .5 and enter here. This is your contention of Assessed Vali.
$25,000
If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
The purchase price should be the basis for the True Cash Value
Section 8: Classification Information *Only the MI Dep't of Treasury may appeal this issue to the Tribunal*
Parcel Identification Number:
21-55-26-911-431
Current Classification of Property as established by Board of Review:
Real
Personal
(check one)
Agricuitural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one}
[4
What do you believe is the property’s classification?
&
Personal
(check one)
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utitity
{check ane)
If improved property, how is the property currently being used?
Aircraft storage
tf improved property, for what use was the property designed?
Aircraft storagePage 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS ORLENE HAWKS GOVERNOR LANSING DIRECTOR Fee Information Doss the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [ Yes No Are you appealing ONLY the denial of a Poverty Exemption? [7 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 wili be added for each additional parcel being appealed, not to
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