Scott A Boshart, Petitioner V Township Of Lincoln, Respondent
- Petitioner
- Scott A Boshart
- Respondent
- Township Of Lincoln
Case overview
- Docket number
- 24-003791-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Huron
- Judge
- Miles, Kari L
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 10 | Order of Dismissal | Not recorded | Not recorded | 03/24/2026 | Not recorded | Download |
| 9 | Proposed Order of Dismissal | Not recorded | Not recorded | 02/23/2026 | Not recorded | Download |
| 8 | Hearing Completed | Not recorded | Not recorded | 01/21/2026 | Not recorded | Not recorded |
| 7 | Notice of Hearing | Not recorded | Not recorded | 10/27/2025 | Not recorded | Download |
| 6 | A hearing has been scheduled | Not recorded | Not recorded | 10/27/2025 | Not recorded | Not recorded |
| 5 | Notice of Filing | Not recorded | Not recorded | 11/07/2024 | Not recorded | Download |
| 4 | Answer was received | RESP | Not recorded | 10/25/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/15/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/15/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/29/2024 | Not recorded | 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 Scott A Boshart, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003791 Lincoln Township, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal issued a Proposed Opinion and Judgment (POJ) on February 23, 2026. The POJ states, in pertinent part, “[t]he parties have 20 days from the ‘Entered’ date below to notify the Tribunal in writing, by mail or by electronic filing, if they do not agree with the POJ and to state in writing why they do not agree with the POJ (i.e., file exceptions to the POJ).” Neither party has filed exceptions to the POJ. The Administrative Law Judge (ALJ) considered the testimony and evidence submitted and made specific findings of fact and conclusions of law. The ALJ’s determination that Petitioner did not meet their burden of going forward with the evidence is supported by the record in this case and applicable statutory authority. Given the above, the Tribunal adopts the POJ and finds that dismissal of this case is warranted.1 Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves the last pending claim 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 Tribunal and $25.00 in the Small Claims Division, unless 1 See MCL 205.726.
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MTT Docket No. 24-003791 Page 2 of 2 the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. By _____________________________ Entered: March 24, 2026 smm PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Scott A Boshart, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003791 Lincoln Township, Case Type: Valuation Respondent. PROPOSED ORDER OF DISMISSAL Personnel Presiding: Kari L. Miles, Administrative Law Judge Location of Hearing: Telephone Hearing Held on: January 21, 2026 Appearances on Behalf of Petitioner: Scott Boshart Appearances on Behalf of Respondent: Julia Fletcher PROCEDURAL HISTORY Petitioner filed a petition with the Tribunal on July 29, 2024, and Respondent filed an answer on October 25, 2024. The amount of the state equalized value (SEV) or taxable value (TV) in dispute, as set forth in the pleadings, for all tax years at issue is within the jurisdictional limits of the Small Claims Division.1 Further, the property’s assessment for the subsequent tax year is included in this proceeding.2 ISSUES AND APPLICABLE LAW The issues in this matter are: 1. Whether the subject property is assessed in excess of 50% of its true cash value (TCV). “The petitioner has the burden of proof in establishing the true cash value of the property.”3 1 See MCL 205.762(1). 2 See MCL 205.737(5)(b). 3 MCL 205.737(3); see also Kern v Pontiac Twp, 93 Mich App 612, 620; 287 NW2d 603 (1979).
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MTT Docket No. 24-003791 Page 2 of 6 The assessment of real property in Michigan shall not exceed 50% of its TCV.4 “True cash value” means “the usual selling price . . . .”5 “True cash value” means “fair market value.”6 The Tribunal is required to make an independent determination of TCV.7 “[T]he tribunal is not bound to accept either of the parties’ theories of valuation. It may accept one theory and reject the other, it may reject both theories, or it may utilize a combination of both in arriving at its determination.”8 The Tribunal is required to select the valuation methodology that is accurate and bears a reasonable relationship to the property’s TCV.9 2. Whether the TV exceeds the amount provided by MCL 211.27a. MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or capped TV, and a property’s capped TV is, absent a transfer of ownership, determined mathematically by taking into consideration the prior tax year’s TV, physical losses to the property, the lesser of the rate of inflation or 5%, and physical additions to the property, including omitted property (i.e., property not previously assessed). SUMMARY OF EVIDENCE A. Petitioner’s Evidence Petitioner’s contentions of true cash value (TCV), SEV and TV: Parcel Number: 14-008-006-00 Year TCV SEV TV 2024 $106,000 $53,000 $53,000 2025 $106,000 $53,000 $53,000 The exhibits offered by Petitioner may be viewed on line 1 of the docket maintained in this case.10 No exhibits were excluded from evidence. Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner contends that he has protested for the last three years to the March Board of Review (BOR) regarding the blight condition of the property directly across the road. 4 Michigan Const 1963, art IX, sec 3. 5 MCL 211.27(1). 6 CAF Investment Co v State Tax Comm, 392 Mich 442, 450; 221 NW2d 588 (1974). 7 See Jones & Laughlin Steel Corp v City of Warren, 193 Mich App 348; 483 NW2d 416 (1992). 8 Id. at 356. 9 See Safran Printing Co v Detroit, 88 Mich App 376; 276 NW2d 602 (1979). 10 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be accessed by entering the docket number assigned to this case.
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MTT Docket No. 24-003791 Page 3 of 6 Petitioner testified that he has been to the BOR to reduce the assessment due to the blight from across the road. The BOR did not make any reduction for 2024 even though nothing has changed from prior years. Petitioner has been speaking with the county about the property across the road. There are no other properties with a junkyard adjacent to it. Petitioner would not try to sell the house with the junkyard nearby. It is difficult for Petitioner to find evidence to prove that the junkyard has a negative impact on value; it is common sense that this would reduce the subject property’s value. B. Respondent’s Evidence The property’s TCV, SEV and TV as confirmed by the BOR for the tax years at issue: Parcel Number: 14-008-006-00 Year TCV SEV TV 2024 $174,600 $87,300 $53,298 2025 $159,600 $79,800 $54,950 The exhibits offered by Respondent may be viewed on line 4 of the docket maintained in this case.11 No exhibits were excluded from evidence. Based on the pleadings, admitted exhibits, and sworn testimony, Respondent contends that the effect of blighted properties on sale prices in the township is reflected in the economic condition factor (ECF). Respondent’s representative testified that blight shows up periodically in the township. The ECF picks up the spots of blight. Petitioner did not provide any evidence to the BOR to show that the value of the subject property should be lower. The subject property is valued per the Assessor’s Manual, and the sales study is done within the State Tax Commission recommended process. The property across the street has several abandoned cars. FINDINGS OF FACT The following facts were proven by a preponderance of the evidence: 1. The subject property is located at 1020 Cross Road, Lincoln Township, Huron County. 2. The subject property is classified as residential. 3. Petitioner did not submit any evidence of value for the 2024 or 2025 tax years. 11 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be accessed by
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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 Scott A Boshart, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003791 Township Of Lincoln, Respondent. NOTICE OF TELEPHONE HEARING The Tribunal has scheduled a telephone hearing to be conducted as follows. Hearings are generally 30 minutes in length. HEARING DATE: January 21, 2026 HEARING TIME: 2:30 PM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 98265868 This hearing will be held by telephone conference call with the Judge as the host. In order to join the hearing, call the phone number listed above at least 5 minutes prior to the hearing time. You will then be required to input the access code, followed by # to connect. The Tribunal judge will call in and join by phone at the hearing time. Failure to timely call in may result in the placement of a party or parties in default. This is an important legal document. Please have someone translate the document. Este es un documento legal importante. Por favor, haga traducir este documento. এটি একটি গুরুত্বপূর্ণ আইনি দলিল, অনুগ্রহ করে কেউ দলিলটিকে অনুবাদ করুন। .ةقيثولا مجرتت صخش كيدل ىجري ةماه ةينوناق ةقيثو وه اذه Ito ay isang mahalagang legal na dokumento. Mangyari lamang na magkaroon ng isang tao isalin ang dokumento.
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MTT Docket No. 24-003791 Page 2 of 12 HEARING INFORMATION – PLEASE READ IMMEDIATELY GENERAL INFORMATION: An impartial hearing will be conducted in accordance with the Michigan Tax Tribunal Rules (R 792.10201-R 792.10297) and the Michigan Administrative Procedures Act, MCL 24.201 et seq. The Michigan Rules of Evidence and the Michigan Court Rules may be applicable. Parties are expected to exercise proper respect and courtesy toward other parties, witnesses, and administrative law judges, which includes attending the hearing on time, silencing cell phones, and choosing a quiet, private location to participate in the hearing to limit distractions and ensure minimal background noise. The hearing may be recorded for notetaking purposes, but the recording is not a formal record, unless otherwise provided for by the Tribunal. REPRESENTATION: You may have an attorney or anyone else of your choice represent you at the hearing. The Tribunal does not recommend or appoint representatives for you and will not pay for your representative. WITNESSES: You may have anyone join you at the hearing to speak in support of your case. However, the time to present your case is limited and additional time may not be provided to accommodate witness testimony. DOCUMENTATION: Parties are required to submit all documents in support of their contentions to both the Tribunal and the opposing party at least 21 days before the hearing date even if the documents were previously submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to both the Tribunal and the opposing party, the documents may be excluded. Documents may be submitted to the Tribunal by mail or through the Tribunal’s electronic filing (e- filing) system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to submission by e-mail. If sent by mail, the documents must be sent to the opposing party or their authorized representative at the address identified in the petition or answer for that party or authorized representative, unless the party or authorized representative filed an appearance or other documentation identifying a different mailing address. The documents do not need to be resubmitted after the Notice of Hearing if they were previously submitted to the Tribunal and the opposing party in this case. If a hearing had previously been scheduled in this case and adjourned, and the adjournment order indicates that the parties are precluded from submitting any further documentary evidence, no further documentary evidence will be accepted even if filed and exchanged as indicated above. INCLUSION OF SUBSEQUENT TAX YEARS: Subsequent tax year assessments are automatically included in valuation appeals once the assessment has been established for that tax year. For purposes of administrative efficiency, the Tribunal considers this date April 1st. As such, the parties should submit documentation and be prepared to discuss subsequent tax year assessments at hearings to be conducted on or after April 1st in a subsequent year. If the hearing is to be conducted prior to April 1st in a subsequent year, taxpayers are required to file a new petition and, if necessary, protest the subsequent tax year assessment at the March Board of Review for that year. MOTIONS/REQUESTS: A motion is a written request filed by a party asking the Tribunal to take certain action. The following motions and requests may be filed by either party regarding the scheduled hearing. Motions and requests may be submitted to the Tribunal by mail or through the Tribunal’s e-filing system. Motions and requests may be sent to the opposing party by mail or by e-mail, if the parties agree to submission by e-mail. If sent by mail, motions and requests must be sent to the opposing party or their authorized representative at the address identified in the petition or answer for that party or authorized representative, unless the party or authorized representative filed an appearance or other documentation identifying a different mailing address. 1. Motion to Adjourn: Parties may request the hearing be rescheduled (i.e. adjourned). The motion must be submitted to both the Tribunal and the opposing party at least 28 days before the hearing unless there are emergency circumstances. The emergency circumstances must be detailed to justify the granting of what
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MTT Docket No.
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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 Scott A Boshart, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003791 Township Of Lincoln, 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. 24-003791 Page 2 of 6 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: November 7, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Scott A Boshart, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003791 Township Of Lincoln, 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
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MTT
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GRETCHEN WHITMER GOVERNOR AL x TRIBUN STATE OF MICHIGAN MICHIGAN TA DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS RO Rn: DPA LANSING PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO. 24003791 Section 1: Respondent’s Contact Information (989) 874-3084 First Name: Mi: Last Name/Company Name/Unit of Government: Lincoln Township Home Address (No., Street, P.O. Box or Rural Route): County: NA Huron City or Town: State ZIP Code: Filion Mi 48432 Telephone Number: Fax Number: NA NA E-mail Address (do not enter unless you want MTT to send all correspondence via email): NA Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name: MLL: Last Name: Julia Fletcher Firm Name (if any): Address (No., Street, P.O. Box or Rural Route): PO Box 539 City or Town: State: ZIP Code: Port Austin Mi 48467 Telephone Number: Fax Number: assessorjulia@gmail.com E-mail Address (do not enter unless you want MTT to send alt correspondence via email): Section 3: Subject Property Information Yes jm} No Does the subject property have a Principal Residence Exemption of 50% or more? 3 No Not Applicable | Yes Are the parcels listed by Petitioner contiguous or adjoining? if not, list which parcels adjoin one another.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON [. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Explain Your Answer to this Appeal Please see Addendum to Respondent's Answer Form Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? Yes [a] No If yes, check which BOR Petitioner attended: [&] March [J yuly [J December if no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? [I] Yes [] No *Submit a copy of the Notice of Assessment with the Answer, if the July or December BOR revised the assessment(s} at issue, did it have authority? O Yes O No if yes, cite the Board's authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? |] Yes No If yss, explain Is Petitioner appealing from a State Tax Commission Order? O Yes [eA No if so, what is the issue date? IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE
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Prt
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Did Petitioner request a Poverty Exemption at a BOR? [|] Yes
[W] No
If Yes, check which BOR Petitioner attended: 0 March
|] July
0 December
List the date the BOR denied Petitioner's Poverty Exemption:
IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION
OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS
Did Petitioner request the exemption at
a BOR? [| Yes
[1] No
i Yes, check which BOR Petitioner attended: {1 March
[J] duty
[J becember
Tax Year(s) denied:
List the date the exemption was denied:
What statutory section did Petitioner request the subject property be exempt?
IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY
What do you believe the classification should be:
Real
Personal
(check one)
0
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Section 6: Valuation Information *use the multiple parce! form for additional, contiguous parcels.
Parcel Identification Number:
3214-008-006-00
Classification of Property:
Real
Personal
(check one)
Agricuitural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
Current Assessed Value (also known as so Bn Value) as established by the BOR:
87300
Current Taxable Value as established by the BOR:
53298
What do you believe is the fair market value (also known as True Cash Value)?
174600
Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value.
87300
if you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
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Docket No: 24-003791— Addendum to Respondent’s Answer Form Valuation of Parcel Number 14-008-006-00 for 2024 © Section 4: Lincoln Township is a rural community located in the “thumb” of Michigan. Properties in Lincoln are predominantly agricultural with a population reported by the U.S. Census Bureau being 727 in 2020. Currently, there are 771 parcels in the township, 373 are agricultural and 365 are residential. Petitioner purchased the subject, a residential property, located at 1020 Cross Road, Kinde, Michigan 48445 in 1994 [Liber 625; Page 699]. The property located directly across the street from the subject was purchased by the current occupant in 2016. Mr. Boshart appealed to the March Board of Review (MBOR) in 2020, 2022, 2023 and 2024 (Exhibit A). On June 4, 2024, Julia Fletcher assumed the assessment roll for Lincoln Township as the assessor of record. On June 24, 2024, notices of determination were mailed to those taxpayers that petitioned the MBOR (Exhibit B). After receiving the notice, Boshart contacted Fletcher to discuss the reasoning of the MBOR’s decision; Fletcher, who was not present at the MBOR, read what had been entered into the database (Exhibit C). Boshart requested a re-appraisal of his property; Fletcher sent, and Boshart returned, a Property Information Sheet (PIS) for interior information (Exhibit D). Fletcher also explained to Boshart, the process of mass appraisal. On October 3, 2024, a field inspection was performed at the subject property with both Mr. and Mrs. Boshart present. The subject property improvements were measured and photographed (see attached record card, valuation statements -before and after inspection on October 3, 2024, photos of subject property and property across street). A
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RECEIVED
AUG 06 2024
MICHIGAN TAX TRIBUNAL
|
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON 1. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Speciat Assessment, or
Non-Property tax disputes.
Pursuant
to Michigan Tex Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving riee 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
ML
Last NamefCompany Name
Scott
A
Boshart
Malling Address (No., Street, P.O. Box or Rural Route)
1020 Cross Rd
City or Town
State
ZIP Code
Kinde
MI
148445
Telephone Number
Fax Number
089-582-0045
na
E-mail Address {do not enter unlass you want MTT to send all correzpondence via e-mail)
sboshart0045@gmail.com
Section 2: Petitioner's Attorney/Authorized Representative’s Contact Information
Firet Name
M.A
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 correspondenca via e-mail)
Section 3: Subject Property Information
How many
if you are appeaiing more than one parce), are they contiguous or adjoining?
parcels are you
Yos*
No**
appealing?
* yes, use a multiple parcel form for information regarding any contiguous parcels,
*if no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.Page 2
GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA Trig STATE OF MICHIGAN GOVERNOR LANSING DIRECTOR Section 4: Issues Being Appealed (check al that apply) True Cash and Taxable Value O Poverty Exemption [OJ Taxable Value Only (calculation) [J Disabled Veterans Exemption a Uncapping of Taxable Value [J Eligible Manufacturing Personal Property (ESA) [J Exemption from Taxation (other than the denlal of a [J Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal For the previous three years | have petitioned the BOR to not increase the SEV due to the "blight" condition of the property directly across the road, which developed about 2021 with a new owner with a long history of such activity. The first year they actually reduced the SEV slightly (even though | did not request that). The second year they left it as requested. The third year (2024) they denied the petition and increased the SEV $33,702. The blight condition has not improved at all. | have been dealing with Huron County Building and Zoning about enforcing the applicable ordinance(s)/code(s). The property owner has been cited/fined and told by the magistrate that he could be cited/fined daily. It has been a slow frustrating process with the County that | continue to work thru. The Twp Board has done nothing. The Township does not have any of its own ordinances. | tried to get an explanation from the BOR at their July 15th meeting which they chose to adjurn before | arrived although | had set up that | would attend before 10AM (| arrived at 9:45AM)with the Twp Supervisor (he is at their meetings) who informed me the meeting would go at least to 10AM due to the amount of work they had. They did not/do not schedule an ending time. | asked for an explanation, as they were all still there discussing their "assessing issues". The only answer they reluctantly offered was "they can't keep giving me a break forever". 2024 would have been the first year the taxable value would have had to be adjusted. They also have the opinion/attitude that the condition of surrounding property has no affect on a given property's value. Section 6: Jurisdictional Issues Year(s) you are appealing: 2024 Did you protest the assessment at a Board of Review (BOR)? [4] Yes |] No If Yes, check which BOR you attended AND attach the BOR decision: March [J July [J December If No, check the applicable reason(s): O Not required to attend Assessment Change Notice was not received by Petitioner 0 Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 6) (m} Appealing within 36 days of State Tax Commission Order 0 Appealing within 35 days of receipt of Notice of Unoapping
Page 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels.
Parcel Identification Number:
14-008-006-00
Classification of Property:
Real
Personal
(check one)
Agricultural
Compare!
Industrial
Residential
Timber-Cutover
Davelopmantal
‘QD
{chack one)
Current A
d Value (also k
n as State Equ
Value) as
biished by the BOR:
$87,000
Current Taxable Value as established by the BOR:
$53,298
What do you balieve is the fair market value (also known as True Cash Value)?
$106,000
Multiply the True Cash Value by .5 and enter here. Thia ls your contention of Assessed Value.
$53,000
if you belleve the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
Section 8: Classification Information only the mi Dep't
of Treasury may appeal this issue to the Tribunal
Parcel identification Number:
Current Classification of Property as established by Board of Review:
Real
Personal
{oheck one}
O
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you beliave Is the property's classification?
Real
Personal
{check one)
O
Agricultural
Commercial
nagaet RosariaPage 4
Mig
Page 5
Linc
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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 Scott A Boshart, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003791 Township Of Lincoln, 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 15, 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 Scott A Boshart, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003791 Township Of Lincoln, 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 15, 2024 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
RECEIVED
AUG 06 2024
MICHIGAN TAX TRIBUNAL
|
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON 1. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Speciat Assessment, or
Non-Property tax disputes.
Pursuant
to Michigan Tex Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving riee 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
ML
Last NamefCompany Name
Scott
A
Boshart
Malling Address (No., Street, P.O. Box or Rural Route)
1020 Cross Rd
City or Town
State
ZIP Code
Kinde
MI
148445
Telephone Number
Fax Number
089-582-0045
na
E-mail Address {do not enter unlass you want MTT to send all correzpondence via e-mail)
sboshart0045@gmail.com
Section 2: Petitioner's Attorney/Authorized Representative’s Contact Information
Firet Name
M.A
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 correspondenca via e-mail)
Section 3: Subject Property Information
How many
if you are appeaiing more than one parce), are they contiguous or adjoining?
parcels are you
Yos*
No**
appealing?
* yes, use a multiple parcel form for information regarding any contiguous parcels,
*if no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.Page 2
GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA Trig STATE OF MICHIGAN GOVERNOR LANSING DIRECTOR Section 4: Issues Being Appealed (check al that apply) True Cash and Taxable Value O Poverty Exemption [OJ Taxable Value Only (calculation) [J Disabled Veterans Exemption a Uncapping of Taxable Value [J Eligible Manufacturing Personal Property (ESA) [J Exemption from Taxation (other than the denlal of a [J Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal For the previous three years | have petitioned the BOR to not increase the SEV due to the "blight" condition of the property directly across the road, which developed about 2021 with a new owner with a long history of such activity. The first year they actually reduced the SEV slightly (even though | did not request that). The second year they left it as requested. The third year (2024) they denied the petition and increased the SEV $33,702. The blight condition has not improved at all. | have been dealing with Huron County Building and Zoning about enforcing the applicable ordinance(s)/code(s). The property owner has been cited/fined and told by the magistrate that he could be cited/fined daily. It has been a slow frustrating process with the County that | continue to work thru. The Twp Board has done nothing. The Township does not have any of its own ordinances. | tried to get an explanation from the BOR at their July 15th meeting which they chose to adjurn before | arrived although | had set up that | would attend before 10AM (| arrived at 9:45AM)with the Twp Supervisor (he is at their meetings) who informed me the meeting would go at least to 10AM due to the amount of work they had. They did not/do not schedule an ending time. | asked for an explanation, as they were all still there discussing their "assessing issues". The only answer they reluctantly offered was "they can't keep giving me a break forever". 2024 would have been the first year the taxable value would have had to be adjusted. They also have the opinion/attitude that the condition of surrounding property has no affect on a given property's value. Section 6: Jurisdictional Issues Year(s) you are appealing: 2024 Did you protest the assessment at a Board of Review (BOR)? [4] Yes |] No If Yes, check which BOR you attended AND attach the BOR decision: March [J July [J December If No, check the applicable reason(s): O Not required to attend Assessment Change Notice was not received by Petitioner 0 Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 6) (m} Appealing within 36 days of State Tax Commission Order 0 Appealing within 35 days of receipt of Notice of Unoapping
Page 3
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON |. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels.
Parcel Identification Number:
14-008-006-00
Classification of Property:
Real
Personal
(check one)
Agricultural
Compare!
Industrial
Residential
Timber-Cutover
Davelopmantal
‘QD
{chack one)
Current A
d Value (also k
n as State Equ
Value) as
biished by the BOR:
$87,000
Current Taxable Value as established by the BOR:
$53,298
What do you balieve is the fair market value (also known as True Cash Value)?
$106,000
Multiply the True Cash Value by .5 and enter here. Thia ls your contention of Assessed Value.
$53,000
if you belleve the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.
Section 8: Classification Information only the mi Dep't
of Treasury may appeal this issue to the Tribunal
Parcel identification Number:
Current Classification of Property as established by Board of Review:
Real
Personal
{oheck one}
O
Agricultural
Commercial
Industrial
Residential
Timber-Cutover
Developmental
Utility
(check one)
What do you beliave Is the property's classification?
Real
Personal
{check one)
O
Agricultural
Commercial
nagaet RosariaPage 4
Mig
Page 5
Linc
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.