Thomas Dailey, Krystyna Dailey Petitioners V Township Of Hastings Respondent
- Petitioner
- Thomas Dailey, Krystyna Dailey
- Respondent
- Township Of Hastings
Case overview
- Docket number
- 26-002588-TT
- Status
- Default Respondent
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Barry
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 9 | Answer was received | RESP | Not recorded | 10/01/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 8 | Notice of Filing | Not recorded | Not recorded | 09/29/2026 | Not recorded | Download |
| 7 | Order of Default of Respondent | Not recorded | Not recorded | 09/29/2026 | Not recorded | Download |
| 6 | Proof of Service of Misc Documents was received. | RESP | Not recorded | 09/21/2026 | Not recorded | Download |
| 5 | Appearance | RESP | Not recorded | 09/21/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 4 | Answer was received | RESP | Not recorded | 09/15/2026 | Not recorded | Download |
| 3 | Petition has been verified | PET | 1 | 08/11/2026 | Not recorded | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 08/11/2026 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 07/09/2026 | $100.00 | Download |
| Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Not recorded | Download |
Documents
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR DIRECTOR LANSING PROPERTY TAX APPEAL SUPPLEMENTAL ANSWER FORM SPECIAL ASSESSMENT MTT DOCKET NO. ____________________ Pursuant to Tax Tribunal Rule (TTR) 281, you MUST submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll) with this answer. If you do not submit this document, you may be held in default. Section 1: Respondent’s Contact Information Unit of Government: Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Email Address (do not enter unless you want MTT to send all correspondence via email) Section 3: Subject Property Information Are the parcels listed by Petitioner contiguous or adjoining? If no, list all parcels that are adjoining in separate groupings. Attach a separate sheet if necessary. Yes No Not Applicable Parcel Identification Number(s): Classification of Property: Real Personal (check one) Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) 26-002588 Township of Hastings Ross K Bower II Okemos MI 48864 Fahey Schultz Burzych Rhodes PLC 4151 Okemos Road 517-381-0100 rbower@fsbrlaw.com 06-006-022-00
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
DIRECTOR
LANSING
Section 4: Explain Your Answer to this Appeal
Section 5: Jurisdictional Issues
Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll?
Yes
No
What was the date of the hearing held to confirm the special assessment roll?
How many years is the special assessment being levied?
What is the total amount of the special assessment being levied
(per parcel)?
What is the basis for the special assessment? Identify the applicable statutory provision.
Signature *Required
Respondent or Attorney/Authorized Representative’s Signature:
/s/
Michigan law generally presumes that municipal decisions regarding special
assessments are valid.
A petition for the construction, improvement, and maintenance of the road was filed by
the record owners of land constituting more than 50% of the total frontage upon the
road, pursuant to MCL 41.721 et seq. ("Act 188 of 1954"). Further, pursuant to Act 188
of 1954, the Township has the ability to create a Special Assessment District without a
property owner petition. Respondent followed the proper statutory procedures in levying
the special assessment on Petitioner's property. See attached Exhibits: A (Landowner
Petitions); B (Resolution 1); C (June 2, 2026 Notice); D (Resolution 2); E (Resolution 3);
F (June 23, 2026 Notice); and G (Resolution 4).
Special assessments for the project, including the special assessment levied on
Petitioner's property, were determined in proportion to the benefits to be derived from
the project, as required by law.
10
$9,836
Road maintenance, PA188
Ross K. Bower II
June 23, 2026Page 3
EXHIBIT A
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PUBLIC ACT 188 OF 1954 PROCEEDINGS PETITION FOR SPECIAL ASSESSMENT ROAD PAVING PROJECT HASTINGS TOWNSHIP, BARRY COUNTY, MICHIGAN We, the undersigned record owners of real property in Indian Hills Subdivision in Hastings Township, hereby petition the Hastings Township Board to establish a road paving project under authority of MCL 41.721, et seq., as amended. We, the petitioners, request that the entire section of Indian Hills Subdivision be reconstructed via 3.5” mill & fill per the Barry County Road Commissions recommendation. We understand that the improvements shall be conducted in accordance with plans for the same to be prepared, reviewed and approved by the Hastings Township Board and Barry County Road Commission, and that the costs thereof, including expenses connected with engineering, legal and administration costs, will be assessed against each real land owner within the special assessment district proposed to be established by the Hastings Township Board and would be divided by the total number of landowners contained in the assessment district and charge likewise, with each legal land owner being assessed an equal share. The cost for each landowner will be divided into equal annual installments for a period of (10) years in accordance with MCL 41.721, et seq., as amended. ‘We further understand that once this
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MTT DOCKET NO. 26-002588 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Local Unit of Government: Township Of Hastings (BARRY) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Ross M.I. K Last Name Bower II Firm Name (if any) Fahey Schultz Burzych Rhodes PLC Address (No., Street, P.O. Box or Rural Route) 4151 Okemos Road City or Town Okemos State Michigan ZIP Code 48864 Telephone Number 5173810100 E-mail Address rbower@fsbrlaw.com Section 3: Subject Property Information Parcel Identification Number(s): 06-006-022-00 Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR If multiple parcels are being appealed are they contiguous or adjoining? N/A Taxing Authority (City or Township) Township Of Hastings (BARRY) County Barry Section 4: Explain Your Answer to this Appeal See attached Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes What was the date of the hearing held to confirm the special assessment roll? 2026-06-23 How many years is the special assessment being levied? 10 What is the total amount of the special assessment being levied (per parcel)? 9836.00 What is the basis for the special assessment? Identify the applicable statutory provision. Road Maintenance, PA 188 Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/ Ross K. Bower II
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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 Thomas Dailey,Krystyna Dailey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002588 Township Of Hastings, 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. NOTE: The parties may not request an informal settlement conference to discuss an appeal of a principal residence exemption that was denied by either the Michigan Department of Treasury or a County. Also, state taxes levied by the Michigan Department of Treasury, such as income taxes, are not subject to the informal settlement conference process.
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MTT Docket No. 26-002588 Page 2 of 2 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. If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: 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 Thomas Dailey,Krystyna Dailey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002588 Township Of Hastings, 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
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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 Thomas Dailey,Krystyna Dailey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002588 Township Of Hastings, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll), as required by TTR 281. As such, Respondent must submit the notice within 14 days of the entry of this order. Therefore, IT IS ORDERED that Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this order.1 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: /s/ Patricia L. Halm Entered: September 29, 2026 1 “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 225(5).
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MTT Docket No. 26-002588 Page 2 of 2 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 Thomas Dailey,Krystyna Dailey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002588 Township Of Hastings, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent did not submit a copy of the notice giving rise to the appeal (i.e., resolution confirming the special assessment roll), as required by TTR 281. As such, Respondent must submit the notice within 14 days of the entry of this order. Therefore, IT IS ORDERED that Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this order.2 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: /s/ Patricia L. Halm Entered: September 29, 2026 2 “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
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MTT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL _______________________________________ DAILEY, THOMAS & KRYSTYNA, Petitioner, v TOWNSHIP OF HASTINGS, Respondent. MTT Docket No. 26-002588 Parcel No. 06-006-022-00 ______________________________________/ Thomas & Krystyna Dailey Pro Per 1225 Via Del Sol San Dimas, CA 91773 (626) 252-2090 kd@dslextreme.com Ross K. Bower II (P70574) S. Claire Moore (P87247) Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent 4151 Okemos Road Okemos, MI 48864 Tel: (517) 381-0100 Fax: (517) 381-5051 rbower@fsbrlaw.com cmoore@fsblraw.com _______________________________________/ PROOF OF SERVICE Jamy A. Staffeld states that on September 21, 2026 she served a copy of Appearance and this Proof of Service, upon the following via first class mail: Thomas & Krystyna Dailey 1225 Via Del Sol San Dimas, CA 91773 I declare that the statements above are true to the best of my information, knowledge, and belief. /s/ Jamy A Staffeld Jamy A. Staffeld
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL _______________________________________ DAILEY, THOMAS & KRYSTYNA, Petitioner, v TOWNSHIP OF HASTINGS, Respondent. MTT Docket No. 26-002588 Parcel No. 06-006-022-00 ______________________________________/ Thomas & Krystyna Dailey Pro Per 1225 Via Del Sol San Dimas, CA 91773 (626) 252-2090 kd@dslextreme.com Ross K. Bower II (P70574) S. Claire Moore (P87247) Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent 4151 Okemos Road Okemos, MI 48864 Tel: (517) 381-0100 Fax: (517) 381-5051 rbower@fsbrlaw.com cmoore@fsblraw.com _______________________________________/ APPEARANCE FAHEY SCHULTZ BURZYCH RHODES PLC, hereby enters its Appearance on behalf of Respondent, TOWNSHIP OF HASTINGS, in the above-entitled matter. Dated: September 21, 2026 Respectfully submitted, Fahey Schultz Burzych Rhodes PLC Attorneys for Respondent By: __________________________________ Ross K. Bower II (P70574) S. Claire Moore (P87247) 4151 Okemos Road Okemos, MI 48864 (517) 381-0100
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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 Docket Number: 26-002588 Is this case currently pending in the Small Claims Division? Yes Party Filing Document Respondent Files Document Type: Appearance Attachment File Name: Appearance 26-002588 Document Type: Proof of Service: Misc Documents Attachment File Name: Proof of Service - 26-002588 Fee Information Filing Fee: $ 0.00 Payment Information Payment: $ 0.00
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL ANSWER FORM SPECIAL ASSESSMENT MTT DOCKET NO. 26-002588 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Local Unit of Government: Township Of Hastings (BARRY) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name James M.I. Last Name Partridge Firm Name (if any) Supervisor Hastings Charter Township Address (No., Street, P.O. Box or Rural Route) 885 River Road City or Town Hastings State Michigan ZIP Code 49058 Telephone Number 2699983762 E-mail Address supervisor@hastingstownship.com Section 3: Subject Property Information Parcel Identification Number(s): 06-006-022-00 Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. the special assessment confirmation roll) with this Small Claims Answer if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR If multiple parcels are being appealed are they contiguous or adjoining? No Taxing Authority (City or Township) Township Of Hastings (BARRY) County Barry Section 4: Explain Your Answer to this Appeal I am the supervisor for Hastings Charter Township, today, September15, 2026, is the first day that I was made aware of the petition26-002588. I have spoken over the phone to the tax tribunal and have verified that correspondence was sent out to our contracted assessor, and I am researching if he did receive notification, and if so, why I was not notified by him regarding this petition. I am requesting an extension, so that the Township can seek legal counsel regarding this petition, I feel that October01,2026 should be sufficient time to gather any information required to properly respond to the Tax Tribunal. Section 5: Jurisdictional Issues Did Petitioner protest the special assessment at the hearing held to confirm the special assessment roll? Yes What was the date of the hearing held to confirm the special assessment roll? 2026-06-23 How many years is the special assessment being levied? 10 What is the total amount of the special assessment being levied (per parcel)? 9836 What is the basis for the special assessment? Identify the applicable statutory provision. pa188, road maintenance Electronic Signature *Typing your name below will serve as your signature Respondent or Attorney/Authorized Representative’s Signature: /s/ James M Partridge
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EXHIBIT “A” Attachment to Section 4: Explain the Reason for this Appeal “Appeal from Hastings Charter Township Special Assessment District regarding Parcel 06-006-022-00; Lot 19, Indian Hills Drive, vacant land owned by: Thomas and Krystyna Dailey as explained below:” At the June 2, 2026, and June 23, 2026, Township meetings of the Indian Hills Subdivision Improvements Special Assessment District, the Supervisor and Trustees (hereinafter “Trustees”) of the Hastings Charter Township violated the 14th Amendment of the United States Constitution (U.S. Const. amend. XIV, § 1) and Article 1, Section 2 of the Michigan Constitution of 1963, which guarantees the equal protection of the laws, by discriminating against Lot 19, and landowners Thomas and Krystyna Dailey (hereinafter “Lot 19 Owners”) as follows: JUNE 2, 2026: At the June 2, 2026, meeting, the Minutes reflect a discussion regarding “Only parcels that have a house on them are included in the special assessment.” An individual (hereinafter “individual”), who was not an agent of Lot 19 Owners, misled the Trustees by declaring “[t}hat the one parcel that is currently undeveloped, but IS included, is [sic] because plans are already in the works to build there.” (See June 2, 2026, Approved Minutes, attached as Exhibit “B”). This statement is false. Lot 19 Owners DO NOT HAVE A PENDING OR APPROVED BUILDING or ZONING PERMIT. The Trustees failed to inquire whether the individual was an agent of Lot 19 Owners, and on what legal authority he was making this statement. Also, the Trustees failed to confirm with Lot 19 Owners whether this statement was accurate, despite the fact that Lot 19 Owner’s cell phone number was readily available to Trustees. As a result, the Resolution unanimously passed. Lot 19 Owners should have been exempted because eight (8) similarly situated, undeveloped, vacant parcels were exempted from the special assessment. Seven of the eight exempted lots do not have a current assigned address and only one of the exempted lots has an address “1351 N. M-43 Hwy”. (See Barry County GIS map, attached hereto as Exhibit “C”.) Hence, the Resolution to include Lot 19 Owners in the Special Assessment, while exempting eight (8) other vacant lots, violated the Equal Protection Clause of the U.S. Constitution and Michigan Constitution by discriminating against similarly situated properties. JUNE 23, 2026: At the June 23, 2026, meeting, Lot 19 Owners were present and objected to being included in the Special Assessment based on the fact they do not have a pending, or signed BUILDING or ZONING PERMIT, and are in the exact same position as those properties that were exempted from the Special Assessment. A Motion was made by a Trustee, and seconded, to
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REMEDIES: Lot 19 Owners are requesting the following remedies: 1) 2) 3) 4) Lot 19 Owners to be exempted from the Special Assessment District for road improvements. The Hastings Charter Township should be sanctioned and punitive damages awarded to Lot 19 Owners for: i. The Trustees failing to inquire whether the “individual” at the June 2, 2026 meeting was an agent of Lot 19 Owners, and on what legal basis the “individual” had the authority to make statements about Lot 19; ii. The Trustees failing to inquire and/or investigate whether Lot 19 Owners had a signed BUILDING/ZONING PERMIT; and iii. The Trustees forcing Lot 19 Owners into spending time, money, and effort to remove themselves from a Special Assessment they should never have been included in, but were, because of their dilatory conduct. Appeal filing fee of $100.00. Appeal preparation fee of $500.00. Punitive damages. If this process had been “fair,” each parcel with an APN number would have been included in the “Special Assessment”, irrespective of whether a house exists or not, rather than choosing “selective parcels.”
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EXHIBIT “B” HASTINGS CHARTER TOWNSHIP Minutes of june 2, 2026 Meeting of the INDIAN HILLS SUBDIVISION IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT Call to Order: 6:30 pm by Supervisor Jim Partridge followed by Trustee Wetzel leading a moment of prayer and the pledge to the flag. Roll Call:: Supervisor J. Partridge (Board Chair), Clerk D. Olson, Treasurer J. Phillips, Trustees D. Eichholz, B. Scheck, B. Westveer and W. Wetzel. Also Present: 18 guests, including Jacob Welch of the Barry County Road Commission and the following members of the Subdivision: Brenda Teegardin, Randy Teegardin, Donna Brown, George Becker, Roselyn Becker, Kate Barch, Ron Barch, Kyle Pohja, Pat McKeough,
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT MTT DOCKET NO. Section 1: Petitioner’s Contact Information Filer Type: Individual Local Unit of Government: First Name Thomas and Krystyna M.I. Last Name/Company Name Dailey Mailing Address (No., Street, P.O. Box or Rural Route) 1225 Via Del Sol City or Town San Dimas State California ZIP Code 91773 Telephone Number 626-252-2090 E-mail Address kd@dslextreme.com Section 3: Subject Property Information How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. No Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) Lot 19, Indian Hills Drive Subdivision Hastings Michigan 49058 Parcel Identification Number(s): 06-006-022-00 Taxing Authority (City or Township) Township Of Hastings (BARRY) County Barry Section 4: Explain the Reason for 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. a copy of the resolution confirming the special assessment roll) with this Small Claims Petition, 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 MARLON I. BROWN, DPA DIRECTOR Please see EXHIBIT "A" Attachment to Section 4: Explain the Reason for this Appeal "Appeal from Hastings Charter Township Special Assessment District regarding Parcel 06-006-022-00; Lot 19, Indian Hills Drive, vacant land owned by: Thomas and Krystyna Dailey as explained below:" Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? Yes If Yes, what was the date of the hearing held to confirm the special assessment roll? 2026-06-23 If No, explain: Fee Information A fee of $100.00 is required for the filing of a Special Assessment Appeal. Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Thomas and Krystyna Dailey
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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 Thomas Dailey,Krystyna Dailey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002588 Township Of Hastings, 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 281. 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: August 11, 2026 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 Thomas Dailey,Krystyna Dailey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002588 Township Of Hastings, 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 281. 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: August 11, 2026 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 Thomas Dailey,Krystyna Dailey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 26-002588 Township Of Hastings, 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
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EXHIBIT “A” Attachment to Section 4: Explain the Reason for this Appeal “Appeal from Hastings Charter Township Special Assessment District regarding Parcel 06-006-022-00; Lot 19, Indian Hills Drive, vacant land owned by: Thomas and Krystyna Dailey as explained below:” At the June 2, 2026, and June 23, 2026, Township meetings of the Indian Hills Subdivision Improvements Special Assessment District, the Supervisor and Trustees (hereinafter “Trustees”) of the Hastings Charter Township violated the 14th Amendment of the United States Constitution (U.S. Const. amend. XIV, § 1) and Article 1, Section 2 of the Michigan Constitution of 1963, which guarantees the equal protection of the laws, by discriminating against Lot 19, and landowners Thomas and Krystyna Dailey (hereinafter “Lot 19 Owners”) as follows: JUNE 2, 2026: At the June 2, 2026, meeting, the Minutes reflect a discussion regarding “Only parcels that have a house on them are included in the special assessment.” An individual (hereinafter “individual”), who was not an agent of Lot 19 Owners, misled the Trustees by declaring “[t}hat the one parcel that is currently undeveloped, but IS included, is [sic] because plans are already in the works to build there.” (See June 2, 2026, Approved Minutes, attached as Exhibit “B”). This statement is false. Lot 19 Owners DO NOT HAVE A PENDING OR APPROVED BUILDING or ZONING PERMIT. The Trustees failed to inquire whether the individual was an agent of Lot 19 Owners, and on what legal authority he was making this statement. Also, the Trustees failed to confirm with Lot 19 Owners whether this statement was accurate, despite the fact that Lot 19 Owner’s cell phone number was readily available to Trustees. As a result, the Resolution unanimously passed. Lot 19 Owners should have been exempted because eight (8) similarly situated, undeveloped, vacant parcels were exempted from the special assessment. Seven of the eight exempted lots do not have a current assigned address and only one of the exempted lots has an address “1351 N. M-43 Hwy”. (See Barry County GIS map, attached hereto as Exhibit “C”.) Hence, the Resolution to include Lot 19 Owners in the Special Assessment, while exempting eight (8) other vacant lots, violated the Equal Protection Clause of the U.S. Constitution and Michigan Constitution by discriminating against similarly situated properties. JUNE 23, 2026: At the June 23, 2026, meeting, Lot 19 Owners were present and objected to being included in the Special Assessment based on the fact they do not have a pending, or signed BUILDING or ZONING PERMIT, and are in the exact same position as those properties that were exempted from the Special Assessment. A Motion was made by a Trustee, and seconded, to
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REMEDIES: Lot 19 Owners are requesting the following remedies: 1) 2) 3) 4) Lot 19 Owners to be exempted from the Special Assessment District for road improvements. The Hastings Charter Township should be sanctioned and punitive damages awarded to Lot 19 Owners for: i. The Trustees failing to inquire whether the “individual” at the June 2, 2026 meeting was an agent of Lot 19 Owners, and on what legal basis the “individual” had the authority to make statements about Lot 19; ii. The Trustees failing to inquire and/or investigate whether Lot 19 Owners had a signed BUILDING/ZONING PERMIT; and iii. The Trustees forcing Lot 19 Owners into spending time, money, and effort to remove themselves from a Special Assessment they should never have been included in, but were, because of their dilatory conduct. Appeal filing fee of $100.00. Appeal preparation fee of $500.00. Punitive damages. If this process had been “fair,” each parcel with an APN number would have been included in the “Special Assessment”, irrespective of whether a house exists or not, rather than choosing “selective parcels.”
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EXHIBIT “B” HASTINGS CHARTER TOWNSHIP Minutes of june 2, 2026 Meeting of the INDIAN HILLS SUBDIVISION IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT Call to Order: 6:30 pm by Supervisor Jim Partridge followed by Trustee Wetzel leading a moment of prayer and the pledge to the flag. Roll Call:: Supervisor J. Partridge (Board Chair), Clerk D. Olson, Treasurer J. Phillips, Trustees D. Eichholz, B. Scheck, B. Westveer and W. Wetzel. Also Present: 18 guests, including Jacob Welch of the Barry County Road Commission and the following members of the Subdivision: Brenda Teegardin, Randy Teegardin, Donna Brown, George Becker, Roselyn Becker, Kate Barch, Ron Barch, Kyle Pohja, Pat McKeough,
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR PROPERTY TAX APPEAL PETITION FORM SPECIAL ASSESSMENT MTT DOCKET NO. Section 1: Petitioner’s Contact Information Filer Type: Individual Local Unit of Government: First Name Thomas and Krystyna M.I. Last Name/Company Name Dailey Mailing Address (No., Street, P.O. Box or Rural Route) 1225 Via Del Sol City or Town San Dimas State California ZIP Code 91773 Telephone Number 626-252-2090 E-mail Address kd@dslextreme.com Section 3: Subject Property Information How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? *If no, you must file separate appeals for each non-contiguous or non-adjoining parcel. No Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) Lot 19, Indian Hills Drive Subdivision Hastings Michigan 49058 Parcel Identification Number(s): 06-006-022-00 Taxing Authority (City or Township) Township Of Hastings (BARRY) County Barry Section 4: Explain the Reason for 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. a copy of the resolution confirming the special assessment roll) with this Small Claims Petition, 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 MARLON I. BROWN, DPA DIRECTOR Please see EXHIBIT "A" Attachment to Section 4: Explain the Reason for this Appeal "Appeal from Hastings Charter Township Special Assessment District regarding Parcel 06-006-022-00; Lot 19, Indian Hills Drive, vacant land owned by: Thomas and Krystyna Dailey as explained below:" Section 5: Jurisdictional Issues Did you protest the special assessment at the hearing held to confirm the special assessment roll? Yes If Yes, what was the date of the hearing held to confirm the special assessment roll? 2026-06-23 If No, explain: Fee Information A fee of $100.00 is required for the filing of a Special Assessment Appeal. Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Thomas and Krystyna Dailey
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