Robert K Haag, Petitioner V Township Of Fair Haven, Respondent
- Petitioner
- Robert K Haag
- Respondent
- Township Of Fair Haven
Case overview
- Docket number
- 24-003977-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Huron
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 18 | Order of Dismissal | Not recorded | Not recorded | 01/06/2026 | Not recorded | Download |
| 17 | Proof of Service of Misc Documents was received. | RESP | Not recorded | 12/17/2025 | Not recorded | Download |
| 16 | Response to Order | RESP | Not recorded | 12/17/2025 | Not recorded | Download |
| 15 | Order Requiring Information | Not recorded | Not recorded | 12/05/2025 | Not recorded | Download |
| 14 | Order Reinstating Case | Not recorded | Not recorded | 12/05/2025 | Not recorded | Download |
| 13 | Granted | PET | 10 | 12/05/2025 | Not recorded | Download |
| 12 | Order granting Motion. | Not recorded | 10 | 12/05/2025 | Not recorded | Download |
| 11 | Appearance | RESP | Not recorded | 11/24/2025 | Not recorded | Download |
| 10 | Motion for Reconsideration was received. | PET | Not recorded | 11/07/2025 | $50.00 | Download |
| 9 | Order of Dismissal | Not recorded | Not recorded | 10/20/2025 | Not recorded | Download |
| 8 | Order Setting Aside R Default | Not recorded | Not recorded | 10/20/2025 | Not recorded | Download |
| 7 | Response to Order | RESP | 6 | 09/22/2025 | Not recorded | Download |
| 6 | Order of Default of Respondent | Not recorded | Not recorded | 09/19/2025 | Not recorded | Download |
| 5 | Answer was received | RESP | Not recorded | 11/18/2024 | Not recorded | Download |
| 4 | Notice of Filing | Not recorded | Not recorded | 01/08/2025 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/23/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/23/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 09/20/2024 | $100.00 | 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 Robert K Haag, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Fair Haven Township, Presiding Judge Respondent. Joshua M. Wease ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that it has no authority over Petitioner’s appeal.1 Petitioner filed this appeal on September 20, 2024, disputing a special assessment that was confirmed by the local taxing authority on August 20, 2024. Although the case was properly reinstated based on the Tribunal’s finding that the appeal was not prematurely filed,2 it is untimely pursuant to MCL 41.726. This statute states that “after the confirmation of the special assessment roll, all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a court of competent jurisdiction within 30 days after the date of confirmation.”3 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.4 Therefore, IT IS ORDERED that the case is DISMISSED. 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 motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. 1 Respondent’s response to the Order Requiring Information entered on December 5, 2025, included a Motion to Dismiss. Although Respondent failed to pay the requisite filing fee, and the motion is not properly pending as a result, lack of “jurisdiction is so serious a defect in the proceedings that a tribunal is duty-bound to dismiss a plaintiff’s claim even if the defendant does not request it.” Electronic Data Systems Corp v Flint Twp, 253 Mich App 538, 544 (2002). 2 As noted in the Order Granting Petitioner’s Motion for Reconsideration, the special assessment was levied pursuant to MCL 41.3c and subject to voter approval after confirmation, which presents unique procedural challenges on appeal. 3 Id. 4 See Sixarp, LLC v Byron Twp, __Mich__ (2025). See also 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), noting that the Tribunal’s powers are limited to those authorized by statute and do not include powers of equity.
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MTT Docket No. 24-003977 Page 2 of 2 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
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ROBERT K. HAAG, Petitioner, v TOWNSHIP OF FAIRHAVEN, Respondent. MTT DOCKET No. 24-003977 PARCEL NO. 3208-013-005-50 ______________________________________/ Robert K. Haag In pro per 10605 Canboro Road Sebewaing, MI 48759 (989) 551-1031 Ross K. Bower II (P70574) Kyle A. O’Meara (P83075) Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent 4151 Okemos Road Okemos, Michigan 48864 (517) 381-0100 Rbower@fsbrlaw.com komeara@fsbrlaw.com ______________________________________/ PROOF OF SERVICE Jamy A. Staffeld states that on December 17, 2025 she served a copy of Respondent’s Response to MTT Order Requiring Information and Respondent’s Motion to Dismiss and this Proof of Service, upon the following via first class mail: Robert K. Haag 10605 Canboro Road Sebewaing, MI 48759 I declare that the statements above are true to the best of my information, knowledge, and belief. /s/ Jamy A Staffeld Jamy A. Staffeld
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ROBERT K. HAAG, Petitioner, v TOWNSHIP OF FAIRHAVEN, Respondent. MTT DOCKET No. 24-003977 PARCEL NO. 3208-013-005-50 ______________________________________/ Robert K. Haag In pro per 10605 Canboro Road Sebewaing, MI 48759 (989) 551-1031 Ross K. Bower II (P70574) Kyle A. O’Meara (P83075) Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent 4151 Okemos Road Okemos, Michigan 48864 (517) 381-0100 Rbower@fsbrlaw.com komeara@fsbrlaw.com ______________________________________/ RESPONDENT’S RESPONSE TO MTT ORDER REQUIRING INFORMATION AND RESPONDENT’S MOTION TO DISMISS Respondent Fairhaven Township (the “Township”), through counsel, Fahey Schultz Burzych Rhodes PLC, respectfully submits this Response to the Tax Tribunal’s Order Requiring Information (Docket No. 15) and also requests the Tribunal to Dismiss this Appeal: RESPONSE TO MTT ORDER 1. On December 5, 2025, the Tribunal entered an Order (the “MTT Order”) Requiring Information, requiring the Township to provide written documentation indicating whether the special assessment was approved by the electors. In compliance with the MTT Order, the official election results (attached as Exhibit A) illustrate that the special assessment
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2 was approved by the electors by a vote of 126 to 59. See https://www.co.huron.mi.us/elections. 2. The MTT Order also requested the date the special assessment was approved by the electors. The election was held on May 6, 2025. MOTION TO DISMISS 3. Further, Respondent respectfully moves for dismissal of the subject appeal, as the petition must be dismissed as untimely. 4. The Special Assessment was confirmed on August 20, 2024. The resolution confirming the roll is dated August 20, 2024 as referenced in the Tribunal’s December 5, 2025 Order. See Docket Entry No. 15. 5. Petitioner had 30 days to file an appeal after the date of confirmation (here, being August 20, 2024). See MCL 41.726(3) and MCL 211.746. 6. MCL 41.726(3) states that, following confirmation of the special assessment roll, “all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a court of competent jurisdiction within 30 days after the date of confirmation.” 7. MCL 211.746 states that an “owner or any person having an interest in the real property may file a written appeal of the special assessment with the state tax tribunal within 30 days after the confirmation of the special assessment roll if that special assessment was protested at the hearing held for the purpose of confirming the roll.” 8. The appeal period expired on September 19, 2024. Petitioner’s Petition was filed on September 20, 2024. See MTT Order at p 1 (finding Petitioner filed his appeal on September 20, 2024).
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3 9. Tax Tribunal Rule 205 provides that in computing the time, the first day is excluded and the last day is included. In this case, the day the special assessment was confirmed (August 20, 2024) is excluded, making the final day of the appeal period September 19, 2024. 10. Since the Petitioner did not file this appeal until September 20, 2024, dismissal of this matter is appropriate under
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EXHI
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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 Robert K Haag, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Fair Haven Township, Presiding Judge Respondent. Joshua M. Wease ORDER GRANTING PETITIONER’S MOTION FOR RECONSIDERATION ORDER REINSTATING CASE ORDER REQUIRING INFORMATION On November 7, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal entered in this case on October 20, 2025. In the motion, Petitioner states that they appealed within 30 days of the confirmation of the special assessment roll as specified in MCL 41.726. The Tribunal has considered the motion and the case file and finds that Petitioner has demonstrated a palpable error relative to the Order of Dismissal that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.1 Petitioner filed this appeal on September 20, 2024, disputing a special assessment levied under MCL 41.3c. The Tribunal noted in the Order of Dismissal that Petitioner protested the assessment at the hearing held for the purpose of confirming the special assessment roll, as required by MCL 205.735a, but found that the roll was not confirmed at that meeting because it was contingent on elector approval. The Tribunal finds, however, that it erred in this determination, and the special assessment was confirmed at the August 20, 2024. Resolution No. 10-2024 specifically states that the assessment “is confirmed subject to approval of the relevant ballot question by the electors at the November 5, 2024 election.” Resolution No. 01-2025 also states that “MCL 41.726(2) allows assessment rolls to be confirmed after the second public hearing as required by Act 188 (which has happened),” which further demonstrates that the special assessment was previously confirmed. Although confirmation of the assessment was subject to voter approval pursuant to the authorizing statute, MCL 41.726(3) states that “all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a 1 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation marks and citation omitted).
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MTT Docket No. 24-003977 Page 2 of 3 court of competent jurisdiction within 30 days after the date of confirmation.”2 MCL 211.746 similarly states that “the notice of the special assessment sent to the property owner . . . shall include . . . a statement that the owner or any person having an interest in the real property may file a written appeal of the special assessment with the state tax tribunal within 30 days after the confirmation of the special assessment roll if that special assessment was protested at the hearing held for the purpose of confirming the roll.”3 It is clear that these statutes, which must be read in
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MT
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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 Robert K Haag, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Fair Haven Township, Presiding Judge Respondent. Joshua M. Wease ORDER GRANTING PETITIONER’S MOTION FOR RECONSIDERATION ORDER REINSTATING CASE ORDER REQUIRING INFORMATION On November 7, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal entered in this case on October 20, 2025. In the motion, Petitioner states that they appealed within 30 days of the confirmation of the special assessment roll as specified in MCL 41.726. The Tribunal has considered the motion and the case file and finds that Petitioner has demonstrated a palpable error relative to the Order of Dismissal that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.1 Petitioner filed this appeal on September 20, 2024, disputing a special assessment levied under MCL 41.3c. The Tribunal noted in the Order of Dismissal that Petitioner protested the assessment at the hearing held for the purpose of confirming the special assessment roll, as required by MCL 205.735a, but found that the roll was not confirmed at that meeting because it was contingent on elector approval. The Tribunal finds, however, that it erred in this determination, and the special assessment was confirmed at the August 20, 2024. Resolution No. 10-2024 specifically states that the assessment “is confirmed subject to approval of the relevant ballot question by the electors at the November 5, 2024 election.” Resolution No. 01-2025 also states that “MCL 41.726(2) allows assessment rolls to be confirmed after the second public hearing as required by Act 188 (which has happened),” which further demonstrates that the special assessment was previously confirmed. Although confirmation of the assessment was subject to voter approval pursuant to the authorizing statute, MCL 41.726(3) states that “all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a 1 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation marks and citation omitted).
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MTT Docket No. 24-003977 Page 2 of 3 court of competent jurisdiction within 30 days after the date of confirmation.”2 MCL 211.746 similarly states that “the notice of the special assessment sent to the property owner . . . shall include . . . a statement that the owner or any person having an interest in the real property may file a written appeal of the special assessment with the state tax tribunal within 30 days after the confirmation of the special assessment roll if that special assessment was protested at the hearing held for the purpose of confirming the roll.”3 It is clear that these statutes, which must be read in
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MT
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RECEIVED NOV 1 3 2025 MICHIGAN TAX TRIBUNAL November 7, 2025 Tribunal Clerk Michigan Tax Tribunal Robert Haag PO Box 30232 10605 Canboro Rd Lansing, MI 48909 Sebewaing, MI 48759 . 11/1075 Re: Docket No. 24-003977 The petitioner, Robert Haag, requests a motion for reconsideration with the Tribunal. Enclosed is the $50 filing fee. A copy is this letter is being served to opposing party. Petitioner still requests a decision on the merits of including a non-benefitting parcel within a special assessment district. Regarding the timeline of the confirmation of the special assessment roll and the appropriate time for an appeal, Petitioner was given notice by Fairhaven Township that the August 20, 2024 public hearing would be THE APPROPRIATE TIME to object to the special assessment district. This hearing was given notice as specified in MCL 41.724a. Fairhaven Township concluded the public hearing with a motion to approve the roll for the special assessment district as specified in MCL 41.726. This is evidenced in the response documents provided by Fairhaven Township. Petitioner was explicitly told that this was the appropriate time to appeal. Petitioner has a clear right to appeal within 30 days of confirmation of the roll as specified in MCL 41.726. Furthermore, any contingency of the special assessment roll was communicated to be based on the November 5, 2024 election. In fact, the voter approval did not happen until May 6, 2025. After that time, there was no notice given of another public hearing on the establishment of the special assessment district and the opportunity to appeal. Petitioner should not lose appeal rights due to improper and unpredictable procedure by Fairhaven Township. Therefore, Petitioner requests a reconsideration of the case. The complications of the timeline
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= BEWAING, MI 48759 NOV 07, 25 unre stares AMOUNT POSTAL SERVICES RoC 39 $2.40 $2324K503835-77
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UNITED STATES POSTAL SERVICE » Certificate Of Mailing meter postage here To pay fee, affix stamps or This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing, This form may be used for domegfic and international mail rom Ppben tr 4 Away Haag lobes Conky Sebewdhy NF J yx7579 To: Fave haven “rtp Tally Man ST = —= ON Pay och Mey oN L PS Form 3817, April 2007 PSN 7530-02-000-9065
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Robert and Amy Haag 10605 Canboro Rd. Sebewaing) MJ 48759-9745 ME] Retail 8 HEE umirepsTares 0: ices RDC 99 Tethin) Clock Michigan Tow Tribunal fo Box 30232 Lansing , MI 48909 = U.S. POSTAGE PAID FCM LETTER SEBEWAING, MI 48759 I NOV 07, 2025 48909 $0.78 $2324K503835-77 sssgpifHp ftps fy i elf eg
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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 Robert K Haag, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Fair Haven Township, Presiding Judge Respondent. Joshua M. Wease ORDER GRANTING PETITIONER’S MOTION FOR RECONSIDERATION ORDER REINSTATING CASE ORDER REQUIRING INFORMATION On November 7, 2025, Petitioner filed a motion requesting that the Tribunal reconsider the Order of Dismissal entered in this case on October 20, 2025. In the motion, Petitioner states that they appealed within 30 days of the confirmation of the special assessment roll as specified in MCL 41.726. The Tribunal has considered the motion and the case file and finds that Petitioner has demonstrated a palpable error relative to the Order of Dismissal that misled the Tribunal and the parties and that would have resulted in a different disposition if the error was corrected.1 Petitioner filed this appeal on September 20, 2024, disputing a special assessment levied under MCL 41.3c. The Tribunal noted in the Order of Dismissal that Petitioner protested the assessment at the hearing held for the purpose of confirming the special assessment roll, as required by MCL 205.735a, but found that the roll was not confirmed at that meeting because it was contingent on elector approval. The Tribunal finds, however, that it erred in this determination, and the special assessment was confirmed at the August 20, 2024. Resolution No. 10-2024 specifically states that the assessment “is confirmed subject to approval of the relevant ballot question by the electors at the November 5, 2024 election.” Resolution No. 01-2025 also states that “MCL 41.726(2) allows assessment rolls to be confirmed after the second public hearing as required by Act 188 (which has happened),” which further demonstrates that the special assessment was previously confirmed. Although confirmation of the assessment was subject to voter approval pursuant to the authorizing statute, MCL 41.726(3) states that “all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a 1 See MCR 2.119(F)(3). A palpable error is one that is “easily perceptible, plain, obvious, readily visible, noticeable, patent, distinct, or manifest.” Luckow v Luckow, 291 Mich App 417, 426 (2011) (quotation marks and citation omitted).
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MTT Docket No. 24-003977 Page 2 of 3 court of competent jurisdiction within 30 days after the date of confirmation.”2 MCL 211.746 similarly states that “the notice of the special assessment sent to the property owner . . . shall include . . . a statement that the owner or any person having an interest in the real property may file a written appeal of the special assessment with the state tax tribunal within 30 days after the confirmation of the special assessment roll if that special assessment was protested at the hearing held for the purpose of confirming the roll.”3 It is clear that these statutes, which must be read in
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MT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ROBERT K. HAAG, Petitioner, v TOWNSHIP OF FAIRHAVEN, Respondent. MTT DOCKET No. 24-003977 PARCEL NO. 3208-013-005-50 ______________________________________/ Robert K. Haag In pro per 10605 Canboro Road Sebewaing, MI 48759 (989) 551-1031 Ross K. Bower II (P70574) Kyle A. O’Meara (P83075) Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent 4151 Okemos Road Okemos, Michigan 48864 (517) 381-0100 Rbower@fsbrlaw.com komeara@fsbrlaw.com ______________________________________/ APPEARANCE FAHEY SCHULTZ BURZYCH RHODES PLC, hereby enters its Appearance on behalf of Respondent, FAIRHAVEN TOWNSHIP, in the above-entitled matter. Dated: November 24, 2025 Respectfully submitted, Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent By: __________________________________ Ross K. Bower II (P70574) Kyle A. O’Meara (P83075) 4151 Okemos Road Okemos, MI 48864 (517) 381-0100
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ROBERT K. HAAG, Petitioner, v TOWNSHIP OF FAIRHAVEN, Respondent. MTT DOCKET No. 24-003977 PARCEL NO. 3208-013-005-50 ______________________________________/ Robert K. Haag In pro per 10605 Canboro Road Sebewaing, MI 48759 (989) 551-1031 Ross K. Bower II (P70574) Kyle A. O’Meara (P83075) Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent 4151 Okemos Road Okemos, Michigan 48864 (517) 381-0100 Rbower@fsbrlaw.com komeara@fsbrlaw.com ______________________________________/ PROOF OF SERVICE Jamy A. Staffeld states that on November 24, 2025 she served a copy of Appearance and this Proof of Service, upon the following via first class mail: Robert K. Haag 10605 Canboro Road Sebewaing, MI 48759 I declare that the statements above are true to the best of my information, knowledge, and belief. /s/ Jamy A Staffeld Jamy A. Staffeld
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RECEIVED NOV 1 3 2025 MICHIGAN TAX TRIBUNAL November 7, 2025 Tribunal Clerk Michigan Tax Tribunal Robert Haag PO Box 30232 10605 Canboro Rd Lansing, MI 48909 Sebewaing, MI 48759 . 11/1075 Re: Docket No. 24-003977 The petitioner, Robert Haag, requests a motion for reconsideration with the Tribunal. Enclosed is the $50 filing fee. A copy is this letter is being served to opposing party. Petitioner still requests a decision on the merits of including a non-benefitting parcel within a special assessment district. Regarding the timeline of the confirmation of the special assessment roll and the appropriate time for an appeal, Petitioner was given notice by Fairhaven Township that the August 20, 2024 public hearing would be THE APPROPRIATE TIME to object to the special assessment district. This hearing was given notice as specified in MCL 41.724a. Fairhaven Township concluded the public hearing with a motion to approve the roll for the special assessment district as specified in MCL 41.726. This is evidenced in the response documents provided by Fairhaven Township. Petitioner was explicitly told that this was the appropriate time to appeal. Petitioner has a clear right to appeal within 30 days of confirmation of the roll as specified in MCL 41.726. Furthermore, any contingency of the special assessment roll was communicated to be based on the November 5, 2024 election. In fact, the voter approval did not happen until May 6, 2025. After that time, there was no notice given of another public hearing on the establishment of the special assessment district and the opportunity to appeal. Petitioner should not lose appeal rights due to improper and unpredictable procedure by Fairhaven Township. Therefore, Petitioner requests a reconsideration of the case. The complications of the timeline
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= BEWAING, MI 48759 NOV 07, 25 unre stares AMOUNT POSTAL SERVICES RoC 39 $2.40 $2324K503835-77
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UNITED STATES POSTAL SERVICE » Certificate Of Mailing meter postage here To pay fee, affix stamps or This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing, This form may be used for domegfic and international mail rom Ppben tr 4 Away Haag lobes Conky Sebewdhy NF J yx7579 To: Fave haven “rtp Tally Man ST = —= ON Pay och Mey oN L PS Form 3817, April 2007 PSN 7530-02-000-9065
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Robert and Amy Haag 10605 Canboro Rd. Sebewaing) MJ 48759-9745 ME] Retail 8 HEE umirepsTares 0: ices RDC 99 Tethin) Clock Michigan Tow Tribunal fo Box 30232 Lansing , MI 48909 = U.S. POSTAGE PAID FCM LETTER SEBEWAING, MI 48759 I NOV 07, 2025 48909 $0.78 $2324K503835-77 sssgpifHp ftps fy i elf eg
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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 Robert K Haag, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Fairhaven Township, Presiding Judge Respondent. Patricia L. Halm ORDER SETTING ASIDE RESPONDENT’S DEFAULT ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Respondent was held in default on September 19, 2025, because it did not submit a copy of the resolution confirming the special assessment roll, as required by TTR 281. Respondent filed a response to the Order of Default on September 22, 2025, and the default has been timely cured. Further, the Tribunal finds that it has no authority over Petitioner’s appeal. The pleadings and accompanying documentation indicate that Petitioner is appealing Respondent’s mosquito abatement special assessment. While Petitioner protested the assessment at the hearing held for the purpose of confirming the special assessment roll, as required by MCL 205.735a, the roll was not confirmed at this meeting as it was contingent on elector approval. Documentation submitted by Respondent in response to the Order of Default indicates that the special assessment roll was not confirmed until May 6, 2025, following approval by the electors. As a result, the appeal is untimely pursuant to MCL 41.726, which states that “after the confirmation of the special assessment roll, all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a court of competent jurisdiction within 30 days after the date of confirmation.”1 This appeal was filed on September 20, 2024, and thus, was filed prematurely. 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.2 Therefore, IT IS ORDERED that Respondent’s default is SET ASIDE. 1 Id. (Emphasis added.) 2 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. 24-003977 Page 2 of 2 IT IS FURTHER ORDERED that the case is DISMISSED. 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 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
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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 Robert K Haag, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Fairhaven Township, Presiding Judge Respondent. Patricia L. Halm ORDER SETTING ASIDE RESPONDENT’S DEFAULT ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Respondent was held in default on September 19, 2025, because it did not submit a copy of the resolution confirming the special assessment roll, as required by TTR 281. Respondent filed a response to the Order of Default on September 22, 2025, and the default has been timely cured. Further, the Tribunal finds that it has no authority over Petitioner’s appeal. The pleadings and accompanying documentation indicate that Petitioner is appealing Respondent’s mosquito abatement special assessment. While Petitioner protested the assessment at the hearing held for the purpose of confirming the special assessment roll, as required by MCL 205.735a, the roll was not confirmed at this meeting as it was contingent on elector approval. Documentation submitted by Respondent in response to the Order of Default indicates that the special assessment roll was not confirmed until May 6, 2025, following approval by the electors. As a result, the appeal is untimely pursuant to MCL 41.726, which states that “after the confirmation of the special assessment roll, all assessments on that assessment roll shall be final and conclusive unless an action contesting an assessment is filed in a court of competent jurisdiction within 30 days after the date of confirmation.”1 This appeal was filed on September 20, 2024, and thus, was filed prematurely. 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.2 Therefore, IT IS ORDERED that Respondent’s default is SET ASIDE. 1 Id. (Emphasis added.) 2 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. 24-003977 Page 2 of 2 IT IS FURTHER ORDERED that the case is DISMISSED. 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 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
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RECEIVED SEP 2 6 2025 FAIRHAVEN TOWNSHTP Huron County, Michigan 9811 Main Street Ph: 989-656-9901 Bay Port, Michigan 48720 Fax: 989-656-3781 September 22, 2025 Tribunal Clerk Michigan Tax Tribunal P O Box 30232 Lansing MI 48909 Re: Docket No: 24-003977 Dear Clerk:: Pursuant to the Order of Default, enclosed please find Resolutions confirming the Special Assessment Roll. Sincerely, Valerie McCallum, Assessor P O Box 1048 Caseville MI 48725 Enclosure
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Robert K Haag, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Township Of Fair Haven, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll), as required by TTR 281. As such, Respondent must submit the notice within 14 days of the entry of this order. Therefore, IT IS ORDERED that Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this order.! Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). 2 ¢ Hae By: Ta lilcin Hat Entered: September 19, 2025 Patricia L. Halm, Tribunal Chair PROOF OF SERVICE | 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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MTT Docket No. 24-003977 Page 2 of 2 A submission through the tribunal's e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the foltowing business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5)
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FAIRHAVEN TOWNSHIP FAIRHAVEN TOWNSHIP MOSQUITO ABATEMENT SPECIAL ASSESSMENT DISTRICT RESOLUTION NO. 01-2025 At a meeting of the Township Board of Fairhaven Township, Huron County, Michigan, held at the Fairhaven Township Hall on January 28, 2025, at 6:07 p.m., Eastern Daylight/Standard Time. PRESENT: Shawna Beachy, Ellen McGathy, Brandon Swartzendruber, Jill Bruce, Dennis Vanpoole ABSENT: None The following resolution was offered by Ellen McGathy and supported by Shawna Beachy: WHEREAS, MCL 41.3¢ generally allows a township to finance mosquito abatement by private contractors by establishment of a township-wide special assessment district; and WHEREAS, all proceedings related to the making, levying, and collecting of mosquito abatement special assessments must conform as nearly as practical with special assessment proceedings provided in 1954 PA 188 (“Act 188”). See MCL 41.3¢(4); and WHEREAS, further, a ballot question authorizing
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WHER
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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 Robert K Haag, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Township Of Fair Haven, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll), as required by TTR 281. As such, Respondent must submit the notice within 14 days of the entry of this order. Therefore, IT IS ORDERED that Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this order.i Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: September 19, 2025 Patricia L. Halm, Tribunal Chair 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 i “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on
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MTT Docket No. 24-003977 Page 2 of 5 that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5)
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Robert K Haag 10605 Canboro Rd Sebewaing , MI 48759
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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 Robert K Haag, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Township Of Fair Haven, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e.,
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MTT
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RECEIVED
ER
DEC 06 2024
=r
sy!
Gd
MICHIGAN TAX TRIBUNAL
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL ANSWER FORM
SPECIAL ASSESSMENT
MTT DOCKET NO. 24-003977
Pursuant to Michigan Tax Trikunal Rule (TTR) 279(4), 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,
Section 1: Respondent’s Contact Information
Unit of Government:
Fairhaven Township
Section 2: Respondent’s Attorney/Authorized Representative’s Contact information
]
First Name
[LEN
Last Name
Valerie
McCallum
Firm Name {if any)
Address (No,, Street, P.O, Box or Rural Route)
9811 Main St
City or Town
State
ZIP Code
Bay Port
Ml
48720
Telephone Number
Fax Number
989-856-7485
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
kma.michigan@gmail.com
Section 3: Subject Property Information
Parcel Identification Number(s}:
3208-013-005-50
if multiple parcels are being appealed are they contiguous or adjoining?
I Yes
Od No
NIA
Taxing Authority (City or Township)
County
Fairhaven Township
HuronPage 2
Vo ' STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING Section 4: Explain Your Answer to this Appeal DIRECTOR At the special assessment hearing on August 20, 2024, the Fairhaven Township Board voted to submit the appropriate ballot language as required by MCL 41.3¢(2) for approval by the electors of the Township. However, the ballot language was not submitted in order to be placed on the November 2024 General Election ballot. As of this time, the question of raising funds for mosquito abatement in Fairhaven Township will not be submitted to the electors until May of 2025. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes [| No What was the date of the hearing held to confirm the special assessment roll? August 20, 2024 How many years is the special assessment being levied? What is the total amount of the special assessment being levied (per parcel)? Two years Up to $58.00 per year What is the basis for the special assessment? Identify the applicable statutory provision. 1954 PA 188 and MCL 41.3c Si Lies *Required Regpondent or Attorney! he ie resentative’s Signature: . ber 5% 144 Cites Valerie McCallum, Assessor
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hy Lt ' STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Robert K Haag , MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. 24-003977 Township of Fairhaven , G Respondent(s) ' } PROOF OF SERVICE Valerie McCallum states that on November 18, 2024 he/she [Name of person serving/mailing petition] [date of service] served a copy of the Answer to Petition relative to the above-captioned matter upon: [Provide name and address of the party/people being served] Robert K Haag 20605 Canboro Road Sebewaing MI 48759 hte WH ast [Signature of person who is serving/mailing
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F
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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 Robert K Haag, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Township Of Fair Haven, 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. 24-003977 Page 2 of 7 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: January 8, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Robert K Haag 10605 Canboro Rd Sebewaing , MI 48759
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STATE OF
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MTT
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STATE
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M
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GRETCHEN WHITMER MICH STATE OF MICHIGAN GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING RECEIVED SEP 2 6 2024 IGAN TAX TRIBUNAL MARLON |. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT Section 1: Petitioner’s Contact Information First Name ML Last Name/Company Name Robert K Haag Mailing Address (No., Street, P.O. Box or Rural Route) 10605 Canboro Rd City or Town State ZIP Code Sebewaing Mi 48759 Telephone Number Fax Number 9895511031 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name ML Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) Traninfo: 4606 Chik: 1212 City or Town State ZIP Code 1: ROBERT HAAG Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many parcels are you appealing? 0 vest [J nom NIA *If yes, use a multiple parcel form for information If you are appealing more than one parcel, are they contiguous or adjoining? regarding any contiguous parcels. 1 **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. Bay Port, Mi 48720 Property Address (No., Street, City, ST, ZIP) [if multiple, list first property's address]
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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 Fairhaven Township board, at its August 20, 2024 meeting, approved a special assessment roll for the purpose of mosquito abatement. The new special assessment district is to include all township parcels, while excluding tax exempt/non benefitting parcels. Voter approval is still needed for final approval. My parcel of land within the township is agricultural land. It contains neither residence nor structure. Its only purpose is to be cultivated for the production of agricultural crops. lt is clear that | will not benefit from mosquito abatement on my vacant agricultural land. While the occupants of residences in the township will be able to peacefully enjoy a higher quality of life via outdoor activities across multiple seasons on a daily basis; | visit my property only a few times a year for short periods while inside agricultural equipment, such as a tractor. Therefore, | contend that my parcel is non-benefitting, and should be exempt from any mosquito abatement assessment. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? [rv] Yes [i] No If Yes, what was the date of the hearing held to confirm the special assessment roll? August 20, 2024 If No, explain: Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature ‘required Petitioner ttorney/Authorized Representative’s Signature: Is!
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Pe ROBERT HAAG ' METROPLEX MI 480 cif. ef} 10605 CANBORO RD. SEBEWAING, MI 48759 20 SEP 2024 PM 17L _ | © | FOR Michigan Fou Tribunal A [ W. 0 Hawg of Po By 3023 9 Lansing / MI 8909 ABSOE- FT EHERE
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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 Robert K Haag, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Township Of Fair Haven, 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 23, 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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Robert K Haag 10605 Canboro Rd Sebewaing , MI 48759
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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 Robert K Haag, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003977 Township Of Fair Haven, 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 23, 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
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GRETCHEN WHITMER MICH STATE OF MICHIGAN GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING RECEIVED SEP 2 6 2024 IGAN TAX TRIBUNAL MARLON |. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT Section 1: Petitioner’s Contact Information First Name ML Last Name/Company Name Robert K Haag Mailing Address (No., Street, P.O. Box or Rural Route) 10605 Canboro Rd City or Town State ZIP Code Sebewaing Mi 48759 Telephone Number Fax Number 9895511031 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name ML Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) Traninfo: 4606 Chik: 1212 City or Town State ZIP Code 1: ROBERT HAAG Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many parcels are you appealing? 0 vest [J nom NIA *If yes, use a multiple parcel form for information If you are appealing more than one parcel, are they contiguous or adjoining? regarding any contiguous parcels. 1 **If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted. Bay Port, Mi 48720 Property Address (No., Street, City, ST, ZIP) [if multiple, list first property's address]
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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 Fairhaven Township board, at its August 20, 2024 meeting, approved a special assessment roll for the purpose of mosquito abatement. The new special assessment district is to include all township parcels, while excluding tax exempt/non benefitting parcels. Voter approval is still needed for final approval. My parcel of land within the township is agricultural land. It contains neither residence nor structure. Its only purpose is to be cultivated for the production of agricultural crops. lt is clear that | will not benefit from mosquito abatement on my vacant agricultural land. While the occupants of residences in the township will be able to peacefully enjoy a higher quality of life via outdoor activities across multiple seasons on a daily basis; | visit my property only a few times a year for short periods while inside agricultural equipment, such as a tractor. Therefore, | contend that my parcel is non-benefitting, and should be exempt from any mosquito abatement assessment. Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? [rv] Yes [i] No If Yes, what was the date of the hearing held to confirm the special assessment roll? August 20, 2024 If No, explain: Fee Information: A fee of $100.00 is required for the filing of a Special Assessment Appeal. Signature ‘required Petitioner ttorney/Authorized Representative’s Signature: Is!
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Pe ROBERT HAAG ' METROPLEX MI 480 cif. ef} 10605 CANBORO RD. SEBEWAING, MI 48759 20 SEP 2024 PM 17L _ | © | FOR Michigan Fou Tribunal A [ W. 0 Hawg of Po By 3023 9 Lansing / MI 8909 ABSOE- FT EHERE
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