Stefan Graziano, Petitioner V City Of Berkley, Respondent
- Petitioner
- Stefan Graziano
- Respondent
- City Of Berkley
Case overview
- Docket number
- 24-003507-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Oakland
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 12 | Granted | Not recorded | 7 | 11/26/2024 | Not recorded | Download |
| 11 | Order granting Motion. | Not recorded | 7 | 11/26/2024 | Not recorded | Download |
| 10 | Notice of Filing | Not recorded | Not recorded | 11/06/2024 | Not recorded | Download |
| 9 | Response to Order | PET | 4 | 10/11/2024 | Not recorded | Download |
| 8 | Proof of Service of Misc Documents was received. | Not recorded | Not recorded | 10/25/2024 | Not recorded | Download |
| 7 | Motion to Dismiss was received. | Not recorded | Not recorded | 10/25/2024 | $25.00 | Download |
| 6 | Answer was received | Not recorded | Not recorded | 10/10/2024 | Not recorded | Download |
| 5 | Answer was received | Not recorded | Not recorded | 10/03/2024 | Not recorded | Download |
| 4 | Order of Default of Petitioner | Not recorded | Not recorded | 10/01/2024 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 10/01/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/23/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 05/31/2024 | Not recorded | Download |
Documents
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL STEPHAN GRAZIANO, Petitioner, V MTT Docket No. 24-003507 CITY OF BERKLEY, Respondent. RESPONDENT’S MOTION TO DISMISS It is Respondent’s position that the Tribunal lacks jurisdiction over the tax year appealed as Petitioner did not appeal to the local board of review as required by MCL 205.735a(3) and TTR 271(2). MCL 205.735a(3) states that “Except as otherwise provided in this section or by law, for an assessment dispute as to the valuation or exemption of property, the assessment must be protested before the board of review before the tribunal acquires jurisdiction of the dispute under subsection (6).” These requirements are also restated in TTR 271(2) which states “For an assessment dispute as to the valuation or exemption of property classified as agricultural real or personal, residential, real or timber-cutover real, the property’s assessment shall be protested to the local board of review, unless otherwise excused by law.” As Petitioner failed to protest the tax year at issue to the board of review as required by MCL 205.735a(3) despite proper notice being sent, Respondent requests that the appeal be dismissed. Respondent mailed copies of the Berkley 2024 Assessment Change Notices (ACN) on February 9, 2024. The 2024 ACN was mailed to the mailing address listed as the primary address in the County’s Land and Address Management System (LAMS). Respectfully Submitted, Cindy Baker Representative for Respondent Dated: October 17, 2024 By: Stephan Graziano 22210 W River Rd Grosse Ile, MI 48138 248-497-7144 Oakland County Equalization By: Cindy Baker Representative for Respondent 250 Elizabeth Lake Rd. Ste. 1000 W Pontiac, MI 48341 248-858-0776
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MTT Docket 24-003507 Page 2 of 2 Enc: Berkley 2024 Assessment Change Notice for subject property Affidavit of Mailing Screenshot of Land and Address Management System (LAMS) for subject property cc: Stephan Graziano
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AFFIDAVIT OF MAILING STATE OF MICHIGAN} COUNTY OF OAKLAND} Adam Bailey, being first duly sworn, says that he enclosed in a window envelope, 2024 Real Property Assessment Change Notices, then sealed the envelopes and mai otices to residents in Farmington, Rose Twp, Village of Ke Beles Roche Holly Twp and the Village of Holly. Affiant further states that he delivered said envelope to the Michigan Metroplex Post Office in the City of Pontiac, State of Michigan on the 9® day of February, 2024. Affiant further states that he placed such amount of postage in Oakland County’s Permit #14 account that is required by postal regulations for the mail to go Presorted First Class. ooo Adam Bailey, Oakland County Support Services Supervisor Subscribed and sworn to before me this a day of M Q Cla ,2024. Huts D “Nauplia Public Notary Kimberly b. Hampton Oakland County, Michigan My Corrmission expires A-H-2005
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WAS 6. Assessor Change Reason(s): : The change in taxable value will increase/decrease your tax bill for the year by approximately: (248)858-0776 or (248)858-0773 March Board of Review Appeal Information: The Board of Review will meet at the Berkley City Hall on Tuesday, March 5th for an Organizational Meeting from 1:00 pm until 2:00 pm. Appointments will begin on: Monday, March 11th from 2:15 pm until 5:15 pm and 6:15 pm until 9:15 pm. Wednesday, March 13th from 10:00 am until 1:00 pm and 2:15 until 5:15 pm. To schedule an appointment IN ADVANCE for the Board of Review, please contact Oakland County Equalization Division at (248) 858-0773. The Board of Review will accept written appeals if received by Wednesday, March 13th. NOTE: Written appeals MUST be in letter form. Emails will NOT be accepted. Oakland County Equalization equal@oakgov.com Market Adjustment LEGAL DESCRIPTION: 2024 401 (RESIDENTIAL-IMPROVED) Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the following: Exempt As "Qualified Forest Property": Exempt As "Development Property": THIS IS NOT A TAX BILL X No Yes Notice of Assessment, Taxable Valuation, and Property Classification Michigan Department of Treasury, 1019 (Rev, 1-24) ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 5. There WAS or WAS NOT a transfer of ownership on this property in The 2024 Inflation Rate Multiplier is: 1.05 1. TAXABLE VALUE: BERKLEY, MI 48072-3162 % Exempt As "Qualified Agricultural Property": PARCEL IDENTIFICATION 9,430 110,310 9,430 PROPERTY ADDRESS: No X Yes PRINCIPAL RESIDENCE EXEMPTION GROSSE ILE MI 48138-1433 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: PARCEL NUMBER: This form is issued under the authority of P.A. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a model assessment notice to be used by the local assessor. L-4400 FROM: CITY OF BERKLEY MICHEAL R. LOHMEIER, ASSESSOR 3338 COOLIDGE HIGHWAY BERKLEY MI
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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 Stefan Graziano, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003507 City of Berkley, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING RESPONDENT’S MOTION TO DISMISS On October 25, 2024, Respondent filed a motion requesting the Tribunal dismiss the appeal in the above-captioned case. In the motion, Respondent states that Petitioner did not first appeal the assessment to Respondent’s March Board of Review (BOR) prior to commencing the Tribunal appeal as required by MCL 205.735a(3). Petitioner’s response to the motion indicates that Petitioner was not required to appeal in March 2024 because the March 2023 appeal was still pending. The Tribunal has considered the motion, response, and case file and finds that it has no authority over Petitioner’s appeal. Petitioner is appealing the 2024 assessment, and the petition indicates that the property is classified as residential. Petitioner did not protest the assessment to the BOR. A protest to the March BOR is a prerequisite to invoking the Tribunal’s jurisdiction over such properties under MCL 205.735a. Petitioner contends that they did not receive a result from an appeal to the 2023 March BOR. Regardless, there is an annual requirement to appeal an assessment with which a property owner disagrees.1 As such, and because the Tribunal has no equitable power to waive or otherwise disregard a statutory filing requirement,2 it has no authority to grant Petitioner the relief requested.3 Therefore, IT IS ORDERED that Respondent’s Motion to Dismiss is GRANTED. 1 See MCL 211.30 and MCL 211.2. 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). 3 The Tribunal also has no authority over Petitioner’s appeal under MCL 211.53a, as the facts alleged do not establish a prima facie case indicating that the assessment was the result of a clerical error (i.e., “an error of a transpositional, typographical, or mathematical nature”) or a mutual mistake of fact (i.e., “an erroneous belief, which is shared and relied on by both parties”). See International Place Apartments – IV v Ypsilanti Township, 216 Mich App 104 (1996), Ford Motor Company v City of Woodhaven, 475 Mich 425 (2006), Eltel Associates, LLC v City of Pontiac, 278 Mich App 588 (2008), and Briggs Tax Service, LLC v Detroit Public Schools, 483 Mich 1024 (2009).
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MTT Docket No. 24-003507 Page 2 of 2 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 Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal service or by email if the opposing party agrees to electronic service, and proof demonstrating that service must be submitted with the motion. Responses to motions for reconsideration are prohibited and there are no oral arguments unless otherwise ordered by the Tribunal. Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If the claim is filed more than 21 days after the entry of the final decision, it is an “appeal by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the record on appeal. There is no certification fee. Entered: November 26, 2024 By _____________________________ bw 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
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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 Stefan Graziano, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003507 City Of Berkley, 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. 24-003507 Page 2 of 8 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 6, 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 Stefan Graziano, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003507 City Of Berkley, 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
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION MOAHR DOCKET NO. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this document, you may be placed in default. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name Stefan M.I. Last Name/Company Name Graziano Mailing Address (No., Street, P.O. Box or Rural Route) 1880 Browning St City or Town Ferndale State Michigan ZIP Code 48220 Telephone Number 2484977144 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) stefan1440@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name Stefan M.I. Last Name Graziano Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 1880 Browning St City or Town Ferndale State Michigan ZIP Code 48220 Telephone Number 248-497-7144 Fax Number E-mail Address stefan1440@gmail.com Section 3: Subject Property Information Parcel Identification Number: 04-25-07-357-006 How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? If yes, use the attached multiple parcel form for information regarding any contiguous parcels. If no, you must file separate appeals for each non- contiguous or non-adjoining parcels or you will be defaulted. Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) 22210 W River Rd Grosse Ile
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Michigan 48138 Taxing Authority: City Of Berkley (OAKLAND) County: Oakland Classification of Property: Real Residential Section 4: Check which of the following you are appealing Principal Residence Exemption Section 5: Explain the Reason for this Appeal I did appeal in March of 2023 and the matter was still pending in March of 2024. I had a lawyer assisting me so there was no need for me to attend the March of 2024 meeting. I received the attached documents in the mail. Section 6: Jurisdictional Issues List the year(s) denied: 2024 Indicate who denied the exemption under appeal: County If you checked “other” above, explain: List the date the Principal Residence Exemption or Qualified Agricultural Exemption was denied: Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: Stefan Graziano /s/
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PRODUCT FLV500 MCBEE To Reorder: 1-800-662-2331 or www.mcbeeinc.com | D9S41l STKDKOS 08/04/2023 17:00 -1012- | 74276 a CITY OF BERKLEY CHECK NO. 00000074276 [ DATE INVOICE NO. DESCRIPTION NET AMOUNT _| 1271472023 12142023 2023 SUMMER TAX DECEMBER BOARD REFUND 2,232.49 703-000-225-000 TAXES PAYABLE 2,232.49 Tpx able valve aecppped b7 Clalkr#l0 a) BC LT ne vm AL Total: 2,232.49
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"py ~t Date: 12/14/2023 2023 Recpt No: 00000886 Recpt Date: 07/28/2023 Official Summer Tax Receipt CITY OF BERKLEY 04-25-07-357-006 CITY OF BERKLEY oLp Received of: 3338 COOLIDGE HIGHWAY GRAZIANO, CECILE BERKLEY, MI 48072-1690 22210 W RIVER RD 5 GROSSE ILE MI 48138-1433 era Them ws TAXABLE: 100,880 SEV: 100,880 SCHL: 63050 PRE/MBT: 0.0000 CLASS: 401 PREVIOUS PAYMENTS PREVIOUS PAYMENTS Date Chk # Amount Date Chk # Amount ** CURRENT PAYMENT ** Date Chk # Amount 07/28/2023 5,542.99 Total Recvd: 5,542.99 DETAILED BREAKDOWN OF BILLING/PAYMENTS FOR 04-25-07-357-006 DESCRIPTION MILLAGE Tax Billed Total Paid BALANCE COUNTY OPERATING 3.9686 400.35 400.35 0.00 OIS ALLOCATED 0.1881 18.97 18.97 0.00 OIS VOTED 2.9777 300.39 300.39 0.00 OCC VOTED 1.4891 150.22 150.22 0.00 STATE EDUCATION 6.0000 605.28 605.28 0.00 SCHOOL OPERATING 18.0000 1,815.84 1,815.84 0.00 SCHOOL DEBT-VOTE 3.2000 322.81 322.81 0.00 SINKING FUND 2.8098 283.45 283.45 0.00 CITY OPERATING 5.3747 542.19 542.19 0.00 CITY OPER--VOTED 2.5552 257.76 257.76 0.00 VOTED CAP IMP 1.8507 186.69 186.69 0.00 POL/FIRE 1.6120 162.61 162.61 0.00 SANITATION 1.6120 162.61 162.61 0.00 PA359-COMM PROM 0.0652 6.57 6.57 0.00 PA345-PUBLICSFTY 2.7000 272.37 272.37 0.00 DDA 0.0000 0.00 0.00 0.00 Admin Fee 54.88 54.88 0.00 Interest/Pen 0.00 0.00 0.00 Over Payments 0.00 0.00 0.00 TOTALS =—======= > 54.40310 5,542.99 5,542.99 0.00 CNTY: =~ Cty: - SCHL: ~- ST : ~- Property Description
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 _____________________________, MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. _____________________________, Respondent(s) PROOF OF SERVICE ___________________________________ states that on ___________________ he/she [Name of person serving/mailing petition] [date of service] served a copy of the ___________________ relative to the above-captioned matter upon: [Provide name and address of the party/people being served] ________________________________________________ ________________________________________________ ________________________________________________ ________________________________________________ _________________________________________ [Signature of person who is serving/mailing copy] _________________________________________ [Print/type name of person serving/mailing copy] Stephan Graziano 24-003507 City of Berkley Kimberly Hampton October 28, 2024 Motion to Dismiss Stephan Graziano 22210 W River Rd Grosse Ile, MI 48138 /s/ Kimberly Hampton Kimberly Hampton
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL STEPHAN GRAZIANO, Petitioner, V MTT Docket No. 24-003507 CITY OF BERKLEY, Respondent. RESPONDENT’S MOTION TO DISMISS It is Respondent’s position that the Tribunal lacks jurisdiction over the tax year appealed as Petitioner did not appeal to the local board of review as required by MCL 205.735a(3) and TTR 271(2). MCL 205.735a(3) states that “Except as otherwise provided in this section or by law, for an assessment dispute as to the valuation or exemption of property, the assessment must be protested before the board of review before the tribunal acquires jurisdiction of the dispute under subsection (6).” These requirements are also restated in TTR 271(2) which states “For an assessment dispute as to the valuation or exemption of property classified as agricultural real or personal, residential, real or timber-cutover real, the property’s assessment shall be protested to the local board of review, unless otherwise excused by law.” As Petitioner failed to protest the tax year at issue to the board of review as required by MCL 205.735a(3) despite proper notice being sent, Respondent requests that the appeal be dismissed. Respondent mailed copies of the Berkley 2024 Assessment Change Notices (ACN) on February 9, 2024. The 2024 ACN was mailed to the mailing address listed as the primary address in the County’s Land and Address Management System (LAMS). Respectfully Submitted, Cindy Baker Representative for Respondent Dated: October 17, 2024 By: Stephan Graziano 22210 W River Rd Grosse Ile, MI 48138 248-497-7144 Oakland County Equalization By: Cindy Baker Representative for Respondent 250 Elizabeth Lake Rd. Ste. 1000 W Pontiac, MI 48341 248-858-0776
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MTT Docket 24-003507 Page 2 of 2 Enc: Berkley 2024 Assessment Change Notice for subject property Affidavit of Mailing Screenshot of Land and Address Management System (LAMS) for subject property cc: Stephan Graziano
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AFFIDAVIT OF MAILING STATE OF MICHIGAN} COUNTY OF OAKLAND} Adam Bailey, being first duly sworn, says that he enclosed in a window envelope, 2024 Real Property Assessment Change Notices, then sealed the envelopes and mai otices to residents in Farmington, Rose Twp, Village of Ke Beles Roche Holly Twp and the Village of Holly. Affiant further states that he delivered said envelope to the Michigan Metroplex Post Office in the City of Pontiac, State of Michigan on the 9® day of February, 2024. Affiant further states that he placed such amount of postage in Oakland County’s Permit #14 account that is required by postal regulations for the mail to go Presorted First Class. ooo Adam Bailey, Oakland County Support Services Supervisor Subscribed and sworn to before me this a day of M Q Cla ,2024. Huts D “Nauplia Public Notary Kimberly b. Hampton Oakland County, Michigan My Corrmission expires A-H-2005
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WAS 6. Assessor Change Reason(s): : The change in taxable value will increase/decrease your tax bill for the year by approximately: (248)858-0776 or (248)858-0773 March Board of Review Appeal Information: The Board of Review will meet at the Berkley City Hall on Tuesday, March 5th for an Organizational Meeting from 1:00 pm until 2:00 pm. Appointments will begin on: Monday, March 11th from 2:15 pm until 5:15 pm and 6:15 pm until 9:15 pm. Wednesday, March 13th from 10:00 am until 1:00 pm and 2:15 until 5:15 pm. To schedule an appointment IN ADVANCE for the Board of Review, please contact Oakland County Equalization Division at (248) 858-0773. The Board of Review will accept written appeals if received by Wednesday, March 13th. NOTE: Written appeals MUST be in letter form. Emails will NOT be accepted. Oakland County Equalization equal@oakgov.com Market Adjustment LEGAL DESCRIPTION: 2024 401 (RESIDENTIAL-IMPROVED) Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the following: Exempt As "Qualified Forest Property": Exempt As "Development Property": THIS IS NOT A TAX BILL X No Yes Notice of Assessment, Taxable Valuation, and Property Classification Michigan Department of Treasury, 1019 (Rev, 1-24) ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 5. There WAS or WAS NOT a transfer of ownership on this property in The 2024 Inflation Rate Multiplier is: 1.05 1. TAXABLE VALUE: BERKLEY, MI 48072-3162 % Exempt As "Qualified Agricultural Property": PARCEL IDENTIFICATION 9,430 110,310 9,430 PROPERTY ADDRESS: No X Yes PRINCIPAL RESIDENCE EXEMPTION GROSSE ILE MI 48138-1433 OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: PARCEL NUMBER: This form is issued under the authority of P.A. 206 of 1893, Sec. 211.24 (c) and Sec.211.34c, as amended. This is a model assessment notice to be used by the local assessor. L-4400 FROM: CITY OF BERKLEY MICHEAL R. LOHMEIER, ASSESSOR 3338 COOLIDGE HIGHWAY BERKLEY MI
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003507 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Berkley (OAKLAND) First Name M.I. Last Name/Company Name/Unit of Government Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Terry M.I. D Last Name Schultz Firm Name (if any) Oakland County Equalization Address (No., Street, P.O. Box or Rural Route) 250 Elizabeth Lake Rd. Suite 1000 West City or Town Pontiac State Michigan ZIP Code 48341 Telephone Number 248-858-0740 Fax Number 248-975-4407 E-mail Address appeals@oakgov.com Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR THE PROPERTY’S TRUE CASH, ASSESSED, & TAXABLE VALUES WERE PROPERLY CALCULATED AND ARE IN CONFORMANCE WITH THE MICHIGAN CONSTITUTION, APPLICABLE STATUTES, AND APPLICABLE REGULATIONS. PROPERTY'S TRUE CASH, ASSESSED, AND/OR TAXABLE VALUES WERE NOT APPEALED TO THE 2024 LOCAL BOARD OF REVIEW, AS REQUIRED FOR RESIDENTIAL REAL PROPERTY, PER MCL 205.735a, THEREFORE, THE TRIBUNAL LACKS JURISDICTION ON THIS DOCKET. PETITION STATES (2) PARCELS ARE BEING APPEALED, HOWEVER, ONLY ONE PARCEL NUMBER/PROPERTY ADDRESS WAS NOTATED. PERTAINING TO THIS ANSWER, RESPONDENT WILL BE ADDRESSING VALUATION CONTENTIONS RELATED TO: 04-25-07-357-006 (3612 THOMAS AVE, BERKLEY, MI). PER THE PROPERTY TRANSFER AFFIDAVIT FILED WITH THE LOCAL UNIT ON MARCH 7, 2024, PERTAINING TO A TRANSFER OF OWNERSHIP ON NOVEMBER 2, 2023, PROPERTY OWNER NOTATED "RENTAL." PURSUANT TO MCL 211.27a (7)(u), PROPERTY DOES NOT MEET THE EXEMPTION REQUIREMENTS FROM UNCAPPING. RESPONDENT ALSO HAS MLS LEASE INFORMATION FOR 2021 TO 2023. 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)? No If yes, check which BOR Petitioner attended: If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? *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? 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? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? No IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? February 9, 2024 Under what statutory section was the Taxable Value uncapped? February 9, 2024 MCL 211.27a (7) (u) IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR 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 the BOR? If Yes, check which BOR Petitioner attended: 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: Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 04-25-07-357-006 Classification of Property: Real Residential Current Assessed Value (also known as State Equalized Value) as established by the BOR: $110,310 Current Taxable Value as established by the BOR: $110,310 What do you believe is the fair market value (also known as True Cash Value)? $220,620 Multiply the True Cash Value by. 5 and enter here. This is your contention of Assessed Value. $110,310 If you believe the Taxable Value differs from your contention of Assessed Value,
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MOAHR DOCKET NO. 24-003507 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Berkley (OAKLAND) First Name M.I. Last Name/Company Name/Unit of Government Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Terry M.I. D Last Name Schultz Firm Name (if any) Oakland County Equalization Address (No., Street, P.O. Box or Rural Route) 250 Elizabeth Lake Rd. Suite 1000 West City or Town Pontiac State Michigan ZIP Code 48341 Telephone Number 248-858-0740 Fax Number 248-975-4407 E-mail Address appeals@oakgov.com Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR THE PROPERTY’S TRUE CASH, ASSESSED, & TAXABLE VALUES WERE PROPERLY CALCULATED AND ARE IN CONFORMANCE WITH THE MICHIGAN CONSTITUTION, APPLICABLE STATUTES, AND APPLICABLE REGULATIONS. PROPERTY'S TRUE CASH, ASSESSED, AND/OR TAXABLE VALUES WERE NOT APPEALED TO THE 2024 LOCAL BOARD OF REVIEW, AS REQUIRED FOR RESIDENTIAL REAL PROPERTY, PER MCL 205.735a, THEREFORE, THE TRIBUNAL LACKS JURISDICTION ON THIS DOCKET. PETITION STATES (2) PARCELS ARE BEING APPEALED, HOWEVER, ONLY ONE PARCEL NUMBER/PROPERTY ADDRESS WAS NOTATED. PERTAINING TO THIS ANSWER, RESPONDENT WILL BE ADDRESSING VALUATION CONTENTIONS RELATED TO: 04-25-07-357-006 (3612 THOMAS AVE, BERKLEY, MI). PER THE PROPERTY TRANSFER AFFIDAVIT FILED WITH THE LOCAL UNIT ON MARCH 7, 2024, PERTAINING TO A TRANSFER OF OWNERSHIP ON NOVEMBER 2, 2023, PROPERTY OWNER NOTATED "RENTAL." PURSUANT TO MCL 211.27a (7)(u), PROPERTY DOES NOT MEET THE EXEMPTION REQUIREMENTS FROM UNCAPPING. RESPONDENT ALSO HAS MLS LEASE INFORMATION FOR 2021 TO 2023. 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)? No If yes, check which BOR Petitioner attended: If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? *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? 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? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? No IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? February 9, 2024 Under what statutory section was the Taxable Value uncapped? February 9, 2024 MCL 211.27a (7) (u) IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR 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 the BOR? If Yes, check which BOR Petitioner attended: 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: Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: 04-25-07-357-006 Classification of Property: Real Residential Current Assessed Value (also known as State Equalized Value) as established by the BOR: $110,310 Current Taxable Value as established by the BOR: $110,310 What do you believe is the fair market value (also known as True Cash Value)? $220,620 Multiply the True Cash Value by. 5 and enter here. This is your contention of Assessed Value. $110,310 If you believe the Taxable Value differs from your contention of Assessed Value,
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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 Stefan Graziano, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003507 City Of Berkley, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not submit a copy of the notice giving rise to the appeal (i.e., notice of action taken by Board of Review, uncapping notice, PRE denial notice, final assessment notice, etc.), as required by TTR 277. As such, Petitioner must submit the notice within 14 days of the entry of this Order. Therefore, IT IS ORDERED that Petitioner 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: October 1, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003507 Page 2 of 4 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 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 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 219(5)
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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 Stefan Graziano, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003507 City Of Berkley, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner did not submit a copy of the notice giving rise to the appeal (i.e., notice of action taken by Board of Review, uncapping notice, PRE denial notice, final assessment notice, etc.), as required by TTR 277. As such, Petitioner must submit the notice within 14 days of the entry of this Order. Therefore, IT IS ORDERED that Petitioner 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.ii 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: October 1, 2024 Patricia L. Halm, Tribunal Chair
Page 4
MTT Docket No. 24-003507 Page 4 of 4 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 ii “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
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RECEIVED JUN 07 2024 %* MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. 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, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.I. Last Name/Company Name Stefan M |Graziano Mailing Address (No., Street, P.O. Box or Rural Route) 22210 W River Rd City or Town State ZIP Code Grosse lle MI 48138 Telephone Number Fax Number 248 497 7144 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) stefan1440@gmail.com Section 2: Petitioner’s EHF Ji itz] Representative’s Contact Information First Name Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] ves* [14 No appealing? *If 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.
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Ris
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check
all that apply)
[3 True Cash and Taxable Value
OO Poverty Exemption
{J Taxable Value Only (calculation)
[3 Disabled Veterans Exemption
Uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
{1 Exemption from Taxation (other than the denial of a
[O Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Property should have never been upcapped.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2023 & 2024
Did you protest the assessment at a Board of Review (BOR)? [ Yes
[No
if Yes, check which BOR you attended AND attach the BOR decision: [#4 March
[J July
[] December
If No, check the applicable reason(s):
Not required to attend
[| Assessment Change Notice was not received by Petitioner
[| Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
[m] Appealing within 35 days of State Tax Commission Order
a Appealing within 35 days of receipt of Notice of UncappingPage 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information »use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: Classification of Property: Real Personal (check one) Agricuftural Commercial (Industrial Residential Timber-Cutover Developmental Utility (check one) Current Assessed Value (also known as State Equalized Value) as established by the BOR: Current Taxable Value as established by the BOR: What do you believe is the fair market value (also known as True Cash Value)? This is an uncapping issue not a valuation issue. Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. If you betleve the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Section 8: Classification Information ony the w Dep't of Treasury may appeal this issue to the Tribunal Parcel identification Number: 04-25-07-357-006 Current Classification of Property as established by Board of Review: Real Personal (check one) Agricultural Commercial Industrial Residential Timber-Cutaver Developmental Utility (check one) What do you belleve Is the property’s classification? Real Personal (check one) O Agricuttural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Ifimproved property, how is the property currently being used? ifimproved property, for what use was the property designed?
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [| Yes O No. Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? O Yes [8] No
Page 5
<5
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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 Stefan Graziano, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003507 City Of Berkley, 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: September 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
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 Stefan Graziano, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003507 City Of Berkley, 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: September 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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RECEIVED JUN 07 2024 %* MICHIGAN TAX TRIBUNAL STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. 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, Special Assessment, or Non-Property tax disputes. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not submit this document, you may be held in default. Section 1: Petitioner’s Contact Information First Name M.I. Last Name/Company Name Stefan M |Graziano Mailing Address (No., Street, P.O. Box or Rural Route) 22210 W River Rd City or Town State ZIP Code Grosse lle MI 48138 Telephone Number Fax Number 248 497 7144 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) stefan1440@gmail.com Section 2: Petitioner’s EHF Ji itz] Representative’s Contact Information First Name Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many If you are appealing more than one parcel, are they contiguous or adjoining? parcelsareyou | [] ves* [14 No appealing? *If 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
Ris
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check
all that apply)
[3 True Cash and Taxable Value
OO Poverty Exemption
{J Taxable Value Only (calculation)
[3 Disabled Veterans Exemption
Uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
{1 Exemption from Taxation (other than the denial of a
[O Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
Property should have never been upcapped.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2023 & 2024
Did you protest the assessment at a Board of Review (BOR)? [ Yes
[No
if Yes, check which BOR you attended AND attach the BOR decision: [#4 March
[J July
[] December
If No, check the applicable reason(s):
Not required to attend
[| Assessment Change Notice was not received by Petitioner
[| Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5)
[m] Appealing within 35 days of State Tax Commission Order
a Appealing within 35 days of receipt of Notice of UncappingPage 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information »use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: Classification of Property: Real Personal (check one) Agricuftural Commercial (Industrial Residential Timber-Cutover Developmental Utility (check one) Current Assessed Value (also known as State Equalized Value) as established by the BOR: Current Taxable Value as established by the BOR: What do you believe is the fair market value (also known as True Cash Value)? This is an uncapping issue not a valuation issue. Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. If you betleve the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Section 8: Classification Information ony the w Dep't of Treasury may appeal this issue to the Tribunal Parcel identification Number: 04-25-07-357-006 Current Classification of Property as established by Board of Review: Real Personal (check one) Agricultural Commercial Industrial Residential Timber-Cutaver Developmental Utility (check one) What do you belleve Is the property’s classification? Real Personal (check one) O Agricuttural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Ifimproved property, how is the property currently being used? ifimproved property, for what use was the property designed?
Page 4
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [| Yes O No. Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? O Yes [8] No
Page 5
<5
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.