Township Of Marion, Petitioner V City Of Howell, Respondent
- Petitioner
- Township Of Marion
- Respondent
- City Of Howell
Case overview
- Docket number
- 24-003829-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Livingston
- Judge
- Miles, Kari L
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 34 | Final Opinion and Judgment | Not recorded | Not recorded | 02/10/2026 | Not recorded | Download |
| 33 | Exceptions were filed. | PET | Not recorded | 12/30/2025 | Not recorded | Download |
| 32 | Proposed Opinion and Judgment | Not recorded | Not recorded | 12/12/2025 | Not recorded | Download |
| 31 | Hearing Completed | Not recorded | Not recorded | 10/15/2025 | Not recorded | Not recorded |
| 30 | Notice of Hearing | Not recorded | Not recorded | 07/31/2025 | Not recorded | Download |
| 29 | A hearing has been scheduled | Not recorded | Not recorded | 07/31/2025 | Not recorded | Not recorded |
| 28 | Amended Petition | PET | Not recorded | 03/22/2025 | Not recorded | Download |
| 27 | Order Correcting Docket | Not recorded | Not recorded | 03/17/2025 | Not recorded | Download |
| 26 | Granted | Not recorded | 15 | 03/17/2025 | Not recorded | Download |
| 25 | Order granting Motion. | Not recorded | 19 | 03/17/2025 | Not recorded | Download |
| 24 | Denied | Not recorded | 9 | 03/17/2025 | Not recorded | Download |
| 23 | Order Denying Motion | Not recorded | 9 | 03/17/2025 | Not recorded | Download |
| 22 | Filing Fee Received | Not recorded | 19 | 02/21/2025 | $25.00 | Download |
| 21 | No Action Taken | Not recorded | Not recorded | 02/20/2025 | Not recorded | Download |
| 20 | Proof of Service | Not recorded | 17 | 02/07/2025 | Not recorded | Download |
| 19 | Motion to Amend was received. | Not recorded | 15 | 02/07/2025 | Not recorded | Download |
| 18 | A response to motion was filed. | Not recorded | 13 | 02/07/2025 | Not recorded | Download |
| 17 | Answer was received | Not recorded | Not recorded | 02/04/2025 | Not recorded | Download |
| 16 | ET Case Info Sheet | Not recorded | Not recorded | 02/04/2025 | Not recorded | Download |
| 15 | Answer was received | Not recorded | Not recorded | 02/04/2025 | $0.00 | Download |
| 14 | ET Case Info Sheet | Not recorded | Not recorded | 02/04/2025 | Not recorded | Download |
| 13 | Answer was received | Not recorded | Not recorded | 02/04/2025 | Not recorded | Download |
| 12 | ET Case Info Sheet | Not recorded | Not recorded | 02/04/2025 | Not recorded | Download |
| 11 | Proof of Service of Misc Documents was received. | Not recorded | Not recorded | 01/28/2025 | Not recorded | Download |
| 10 | Notice of No Action | Not recorded | Not recorded | 01/28/2025 | Not recorded | Download |
| 9 | Motion to Dismiss was received. | Not recorded | Not recorded | 01/28/2025 | $25.00 | Download |
| 8 | Order Setting Aside R Default | Not recorded | Not recorded | 12/26/2024 | Not recorded | Download |
| 7 | Notice of Filing | Not recorded | Not recorded | 12/26/2024 | Not recorded | Download |
| 6 | Attachments to the Answer were filed | Not recorded | Not recorded | 12/03/2024 | Not recorded | Download |
| 5 | Answer was received | Not recorded | Not recorded | 12/03/2024 | Not recorded | Download |
| 4 | Order Holding Party in Default | Not recorded | Not recorded | 12/02/2024 | Not recorded | Download |
| 3 | Petition has been verified | Not recorded | 1 | 10/16/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 10/16/2024 | Not recorded | Download |
| 1 | A petition was received. | Not recorded | Not recorded | 07/29/2024 | $225.00 | Download |
Documents
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Marion Township, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City of Howell, Presiding Judge Respondent. Patricia L. Halm FINAL OPINION AND JUDGMENT The Tribunal issued a Proposed Opinion and Judgment (POJ) on December 12, 2025. The POJ states, in pertinent part, “[t]he parties have 20 days from the ‘Entered’ date below to notify the Tribunal in writing, by mail or by electronic filing, if they do not agree with the POJ and to state in writing why they do not agree with the POJ (i.e., file exceptions to the POJ).” On December 30, 2025, Petitioner filed exceptions to the POJ. In the exceptions, Petitioner states that the Tribunal should consider its acquisition of the subject property to protect the integrity of the special assessments to be a “public purpose” within the meaning of MCL 211.7m that promotes the general welfare and financial security of the Township. Further, Petitioner was not merely holding the land with no purpose. Holding the land while resolving the dispute with the City of Howell promoted the financial security of the Township by ensuring that it could clearly define what property rights the purchaser was buying. Respondent has not filed exceptions to the POJ or a response to Petitioner’s exceptions. The Tribunal has considered the exceptions and the case file and finds that the Administrative Law Judge (ALJ) properly considered the testimony and evidence provided. Petitioner is merely reframing the arguments already presented,
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MTT
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RECEIVED JAN 0% MARION TOWNSHIP 05 2026 mariontownship.com MICHIGAN TAX TRIBUN, Al Rit] MICHIGAN TAX TRIBUNAL PO BOX 30232 LANSING, MI 48909 This is a request for reconsideration of the POJ for MTT Docket No. 24- 003829, Marion Township, Petitioner v City of Howell, Respondent. The petition by Marion Township to the City of Howell Board of Review was an appeal for two parcels to have their status returned to exempt. The petition was denied and the Township filed with the MTT. The MTT also denied the Township’s request for tax years 2024 and 2025. The MTT denied the exemption because there was no “public purpose or present use of the properties for any public purpose.” The POJ cites a court case that determined that “Public Purpose” promotes general welfare and security of the Township. The Township is requesting that the MTT consider the acquisition of the property to protect the special assessments on the sewer and water REUs to be a “public purpose” that certainly promoted the financial security of the Township. The previous owner encountered financial issues that resulted in one of the properties being sold at tax sale and the other being scheduled for tax sale. A speculator could purchase the property at a discount and not make payments of the annual levies on the special assessments unless a buyer was located, resulting in a financial loss to the Township. Establishing a public use on property that we had no intention of keeping, in another jurisdiction, would not be a benefit to the Township.
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We attempted to resolve the dispute without getting involved in a court case with the City that could jeopardize our relationship with the City that we depend on to maintain the Township sewer system, Fire Authority, and Recreation Authority. The dispute was resolved when a new City Manager was appointed. The
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SLE,
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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 Marion Township, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City of Howell, Case Type: Exemption Respondent. PROPOSED OPINION AND JUDGMENT Personnel Presiding: Kari L. Miles, Administrative Law Judge Location of Hearing: Telephone Hearing Held on: October 15, 2025 Appearances on Behalf of Petitioner: Matt Dedes and Robert Hanvey Appearances on Behalf of Respondent: Peter Augostino PROPOSED JUDGMENT The subject properties shall not be granted an exemption under MCL 211.7m for the 2024 and 2025 tax years. The subject properties’ taxable value (TV) for the tax years at issue shall be as follows: Parcel Number: 4717-01-200-004 Year TV 2024 $205,800 2025 $212,179 Parcel Number: 4717-01-200-005 Year TV 2024 $109,900 2025 $113,306 PROCEDURAL HISTORY Petitioner applied to the 2024 March Board of Review (BOR) for an exemption under MCL 211.7m. Petitioner filed a petition with the Tribunal on July 29, 2024, and Respondent filed an answer on December 3, 2024.
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MTT Docket No. 24-003829 Page 2 of 7 The amount of TV in dispute, as set forth in the pleadings, for all tax years at issue is within the jurisdictional limits of the Small Claims Division.1 Further, the property’s assessment for subsequent tax years is included in this proceeding.2 ISSUES AND APPLICABLE LAW The issue in this matter is whether Petitioner’s property qualifies for a property tax exemption pursuant to MCL 211.7m. The petitioner must prove, by
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MT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Township Of Marion, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No.: 24-003829 City Of Howell, Respondent. NOTICE OF TELEPHONE HEARING The Tribunal has scheduled a telephone hearing to be conducted as follows. Hearings are generally 30 minutes in length. HEARING DATE: October 15, 2025 HEARING TIME: 9:00 AM EST JOIN BY PHONE: 1-248-509-0316 ACCESS CODE: 857254294 This hearing will be held by telephone conference call with the Judge as the host. In order to join the hearing, call the phone number listed above at least 5 minutes prior to the hearing time. You will then be required to input the access code, followed by # to connect. The Tribunal judge will call in and join by phone at the hearing time. Failure to timely call in may result in the placement of a party or parties in default. This is an important legal document. Please have someone translate the document. Este es un documento legal importante. Por favor, haga traducir este documento. এটি একটি গুরুত্বপূর্ণ আইনি দলিল, অনুগ্রহ করে কেউ দলিলটিকে অনুবাদ করুন। .ةقيثولا مجرتت صخش كيدل ىجري ةماه ةينوناق ةقيثو وه اذه Ito ay isang mahalagang legal na dokumento. Mangyari lamang na magkaroon ng isang tao isalin ang dokumento.
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MTT Docket No. 24-003829 Page 2 of 16 HEARING INFORMATION – PLEASE READ IMMEDIATELY GENERAL INFORMATION: An impartial hearing will be conducted in accordance with the Michigan Tax Tribunal Rules (R 792.10201-R 792.10297) and the Michigan Administrative Procedures Act, MCL 24.201 et seq. The Michigan Rules of Evidence and the Michigan Court
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MT
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RECEIVED MAR 26 2025 MICHIGAN TAX TRIBUNAL Gormley aw Cifices, PLC Attorneys and Counselors at Law John L. Gormley, Esq. 101 E. Grand River Avenue Clint P. Stevenson, Esq. john@gormleylaw.net Fowlerville, Michigan 48836 clint@gormleylaw.onmicrosoft.com Phone: (517) 223-3758 Fax: (517) 223-8233 www.gormleylawotfices.com Marh 21, 2025 Tribunal Clerk Michigan Tax Tribunal 611 W. Ottawa St. Lansing, MI 48933 RE: Township of Marion; Robert W. Hanvey v City of Howell Case No. 24-003829 Dear Tribunal Clerk: Pursuant to the most recent Order entered by the Judge on March 17, 2025, please find enclosed the following document for filing with the Tax Tribunal: 1) An Amended Property Tax Appeal Petition Form Valuation/Exemption/Classification Appeal with Multiple Parcel Attachment to Petition Form Valuation Appeal; and 2) Proof of Service. Thank you for your assistance in this matter. Please let me know if you have any questions or concerns. Best Regards, fo) Mary feleiil
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
ORLENE HAWKS
GOVERNOR
LANSING
DIRECTOR
AMENDED 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 Rute (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 Smali 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
"KR
Last Name/Company Name
Township of Marion
Mailing Address {No., Street, P.O. Box or Rural Route}
City or Town
State
ZIP Code
Telephone NumberPage 3
STATE
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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 Marion Township, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City of Howell, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING RESPONDENT’S MOTION TO DISMISS ORDER GRANTING PETITIONER’S MOTION TO AMEND ORDER CORRECTING DOCKET On January 28, 2025, Respondent filed a motion requesting that the Tribunal dismiss the above-captioned case. In the motion, Respondent states that the case should be dismissed because Petitioner is not a party-in-interest relative to the property at issue; the property is owned by Marion Township, and Petitioner has no legal interest or standing to file an appeal. On February 7, 2025, Petitioner filed a response to Respondent’s Motion to Dismiss, and a motion requesting that the Tribunal permit it to amend the filed Petition. Petitioner states in these filings that it included contact information for Robert Hanvey in the Petition because he was the supervisor for Marion Township at the time the Petition was filed. Marion Township owns the property at issue, and the docket should be corrected to reflect it as Petitioner in this matter. Additionally, the Township recently elected a new supervisor, and Petitioner’s contact information should be updated to reflect Bill Fenton, as Township Supervisor, in place of Robert Hanvey. Respondent has not filed a response to Petitioner’s Motion to Amend. The Tribunal has considered the motions and the case file and finds that Petitioner erred in listing Robert W. Hanvey as
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MTT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 PETITIONER’S MOTION TO AMEND CASE CAPTION NOW COMES Petitioner by and through its Attorney with its Motion to Amend Case Caption as follows: 1. On July 29, 2024, when completing the initial Petition form for filing with the Tax Tribunal in Section I, the Petitioner included its contact information of Robert Hanvey as the Contact person for the Township, because he was at that time the Supervisor for the Township of Marion at the time the initial Petition was filed (See Exhibit A). 1.1. Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township (See Exhibit A). 1.2. Petitioner did include a Proof of Service showing Respondent was served and the Case Caption on the Proof of Service shows Petitioner as “Township of Marion; Robert Hanvey” (See Exhibit B). 1.3. The Petition was verified on October 16, 2024. 1.4. Robert Hanvey did not run for re-election this year and Bill Fenton was elected in his place as Township Supervisor in November 2024. Page 1 of 2
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2. On December 2, 2024, an Order Holding Party in Default was entered against Respondent (See Exhibit C), and on December 3, 2024, Respondent filed its Answer to Petitioner’s Petition along its attachments. 3. On January 28, 2025, Respondent filed a Motion to Dismiss in the above matter based on a non-malicious
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EXHIBIT
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R
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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 Marion Township, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City of Howell, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING RESPONDENT’S MOTION TO DISMISS ORDER GRANTING PETITIONER’S MOTION TO AMEND ORDER CORRECTING DOCKET On January 28, 2025, Respondent filed a motion requesting that the Tribunal dismiss the above-captioned case. In the motion, Respondent states that the case should be dismissed because Petitioner is not a party-in-interest relative to the property at issue; the property is owned by Marion Township, and Petitioner has no legal interest or standing to file an appeal. On February 7, 2025, Petitioner filed a response to Respondent’s Motion to Dismiss, and a motion requesting that the Tribunal permit it to amend the filed Petition. Petitioner states in these filings that it included contact information for Robert Hanvey in the Petition because he was the supervisor for Marion Township at the time the Petition was filed. Marion Township owns the property at issue, and the docket should be corrected to reflect it as Petitioner in this matter. Additionally, the Township recently elected a new supervisor, and Petitioner’s contact information should be updated to reflect Bill Fenton, as Township Supervisor, in place of Robert Hanvey. Respondent has not filed a response to Petitioner’s Motion to Amend. The Tribunal has considered the motions and the case file and finds that Petitioner erred in listing Robert W. Hanvey as
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MTT
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Motion To Dismiss Docket No.: 24-003829-TT Robert W Hanvey, Petitioner Vv. City of Howell, Respondent MOTION TO DISMISS The City of Howell (respondent) hereby moves this Honorable Tribunal to dismiss the above- captioned case on the grounds that the Petitioner is neither the owner nor lessee of the property in question. In support of this motion, Petitioner states as follows: 1. The petitioner is not the owner of the property’s 17-01-200-004 or 17-01-200-005. The owner of the property is Marion Township, located in Livingston County, Michigan. See a copy of the deed which is attached as Exhibit A. 2. MCL 211.7dd(a) defines an “owner” to include any of the following: (1) A person who owns property or who is purchasing property under a land contract. (2) A person who is a partial owner of property. (3) A person who owns property as a result of being a beneficiary of a will or trust or as a result of intestate succession. (4) A person who owns or is purchasing a dwelling on leased land. (5) A person holding a life lease in property previously sold or transferred to another. 3. Petitioner is not the lessee of the property’s 17-01-200-004 or 17-01-200-005 4. The Petitioner has no legal interest in or standing in the property in question. 5. The Petitioner has no authority to file a petition regarding the property in question. WHEREFORE, The City of Howell (Respondent) respectfully requests that this Honorable Tribunal dismiss the above-captioned case with prejudice. Respectfully submitted,
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a JD Lo I Ce LIVINGSTON COUNTY TREASURER’S CERTIFICATE I hereby certify that there are no TAX LIENS OR TITLES held by, the State or any individual against the within description, and all TAXES are same as paid for five years previous to fhetdate of this instrument or appear on the records, in thisteffice except as
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Lan
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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 Marion Township, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City of Howell, Presiding Judge Respondent. Patricia L. Halm ORDER DENYING RESPONDENT’S MOTION TO DISMISS ORDER GRANTING PETITIONER’S MOTION TO AMEND ORDER CORRECTING DOCKET On January 28, 2025, Respondent filed a motion requesting that the Tribunal dismiss the above-captioned case. In the motion, Respondent states that the case should be dismissed because Petitioner is not a party-in-interest relative to the property at issue; the property is owned by Marion Township, and Petitioner has no legal interest or standing to file an appeal. On February 7, 2025, Petitioner filed a response to Respondent’s Motion to Dismiss, and a motion requesting that the Tribunal permit it to amend the filed Petition. Petitioner states in these filings that it included contact information for Robert Hanvey in the Petition because he was the supervisor for Marion Township at the time the Petition was filed. Marion Township owns the property at issue, and the docket should be corrected to reflect it as Petitioner in this matter. Additionally, the Township recently elected a new supervisor, and Petitioner’s contact information should be updated to reflect Bill Fenton, as Township Supervisor, in place of Robert Hanvey. Respondent has not filed a response to Petitioner’s Motion to Amend. The Tribunal has considered the motions and the case file and finds that Petitioner erred in listing Robert W. Hanvey as
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MTT
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RECEIVED FEB 2 7 2023 MICHIGAN TAX TRIBUNAL. STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner has filed a Motion to Amend with no filing fee. You were, however, required to pay a fee for the filing of the motion. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 filing fee due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the Motion with the full filing fee. The refiled Motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. You must include a copy of this Notice with the required submission. Entered: February 20, 2025 By: Tribunal Clerk
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MTT Docket No. 24-003829 Page 2 of 2 PROOF OF SERVICE | certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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gormley aw Cifices, PLC Attorneys and Counselors at Law John L. Gormley, Esq. 101 E. Grand River Avenue Clint P. Stevenson, Esq. john@gormleylaw.net Fowlerville, Michigan 48836
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STATE OF MICHIGAN
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ormley
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has reviewed the file in the above-captioned case and finds that: Petitioner has filed a Motion to Amend with no filing fee. You were, however, required to pay a fee for the filing of the motion. If you want the Tribunal to take action on the Motion, you are required to pay the $25.00 filing fee due and submit documentation indicating that the opposing party has been notified of that payment within 14 days. If the required filing fee is not paid and/or the required notice is not submitted within 14 days, you will be required to refile the Motion with the full filing fee. The refiled Motion will be considered filed as of the date of the refiling. Unfortunately, the payment may not be made via e-filing; the fee, paid by check or money order, must be sent by mail or designated delivery service. You must include a copy of this Notice with the required submission. Entered: February 20, 2025 By: Tribunal Clerk
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MTT Docket No. 24-003829 Page 2 of 8 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
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MT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 PROOF OF SERVICE On the date below, I delivered Answer to Respondent’s Motion to Dismiss and Petitioner’s Motion to Amend Case Caption to: Mr. Peter Augostino City of Howell, Assessor 611 E. Grand River Ave. Howell, MI 48843 paugostino@cityofhowell.org BY: Regular First-Class Mail with Proper Postage Affixed & Email pase: Jol | FS Page 1 of 1
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 PETITIONER’S MOTION TO AMEND CASE CAPTION NOW COMES Petitioner by and through its Attorney with its Motion to Amend Case Caption as follows: 1. On July 29, 2024, when completing the initial Petition form for filing with the Tax Tribunal in Section I, the Petitioner included its contact information of Robert Hanvey as the Contact person for the Township, because he was at that time the Supervisor for the Township of Marion at the time the initial Petition was filed (See Exhibit A). 1.1. Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township (See Exhibit A). 1.2. Petitioner did include a Proof of Service showing Respondent was served and the Case Caption on the Proof of Service shows Petitioner as “Township of Marion; Robert Hanvey” (See Exhibit B). 1.3. The Petition was verified on October 16, 2024. 1.4. Robert Hanvey did not run for re-election this year and Bill Fenton was elected in his place as Township Supervisor in November 2024. Page 1 of 2
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2. On December 2, 2024, an Order Holding Party in Default was entered against Respondent (See Exhibit C), and on December 3, 2024, Respondent filed its Answer to Petitioner’s Petition along its attachments. 3. On January 28, 2025, Respondent filed a Motion to Dismiss in the above matter based on a non-malicious
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EXHIBIT
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R
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 ANSWER TO RESPONDENT’S MOTION TO DISMISS NOW COMES Petitioner by and through its Attorney with its Answer to Respondent’s Motion to Dismiss as follows: 1. The petitioner is not the owner of the property’s 17-01-200-004 or 17-01-200-005. The owner of the property is Marion Township, located in Livingston County, Michigan. See a copy of the deed which is attached as Exhibit A. ANSWER: Petitioner denies and states it listed Robert Hanvey’s individual name as the contact person for Petitioner in the initial Petition and the Proof of Service initially filed with the Petition shows Petitioner as the “Township of Marion; Robert Hanvey.” Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township. Petitioner further states it understands why Respondent filed his Motion to request clarity. However, the Township of Marion has recently elected a new Supervisor by the name of Bill Fenton and this information should be updated within this matter as the contact person for the Township of Marion. Clearly, the Supervisor is the later ego of the Township, and the Page 1 of 3
Page 2
Township owns the real property in question. In the alternative, the Township requests the ability to amend the Petition to specifically reference Marion Township as the owner. 2. MCL 211.7dd(a) defines an “owner”
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P
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 PROOF OF SERVICE On the date below, I delivered Answer to Respondent’s Motion to Dismiss and Petitioner’s Motion to Amend Case Caption to: Mr. Peter Augostino City of Howell, Assessor 611 E. Grand River Ave. Howell, MI 48843 paugostino@cityofhowell.org BY: Regular First-Class Mail with Proper Postage Affixed & Email pase: Jol | FS Page 1 of 1
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Respondent MOAHR DOCKET NO. 24-003829 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Township Of Marion (LIVINGSTON) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Attorney/Authorized Representative’s Contact Information First Name John M.I. L Last Name Gormley Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 101 E. Grand River Ave. City or Town Fowlerville State Michigan ZIP Code 48836 Telephone Number 517-223-3758 Fax Number 517-223-8233 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Mary@gormleylaw.onmicrosoft.com Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: John L. Gormley (P-53539) /s/
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 PETITIONER’S MOTION TO AMEND CASE CAPTION NOW COMES Petitioner by and through its Attorney with its Motion to Amend Case Caption as follows: 1. On July 29, 2024, when completing the initial Petition form for filing with the Tax Tribunal in Section I, the Petitioner included its contact information of Robert Hanvey as the Contact person for the Township, because he was at that time the Supervisor for the Township of Marion at the time the initial Petition was filed (See Exhibit A). 1.1. Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township (See Exhibit A). 1.2. Petitioner did include a Proof of Service showing Respondent was served and the Case Caption on the Proof of Service shows Petitioner as “Township of Marion; Robert Hanvey” (See Exhibit B). 1.3. The Petition was verified on October 16, 2024. 1.4. Robert Hanvey did not run for re-election this year and Bill Fenton was elected in his place as Township Supervisor in November 2024. Page 1 of 2
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2. On December 2, 2024, an Order Holding Party in Default was entered against Respondent (See Exhibit C), and on December 3, 2024, Respondent filed its Answer to Petitioner’s Petition along its attachments. 3. On January 28, 2025, Respondent filed a Motion to Dismiss in the above matter based on a non-malicious
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EXHIBIT
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R
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Respondent MOAHR DOCKET NO. 24-003829 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Township Of Marion (LIVINGSTON) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Attorney/Authorized Representative’s Contact Information First Name John M.I. L Last Name Gormley Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 101 E. Grand River Ave. City or Town Fowlerville State Michigan ZIP Code 48836 Telephone Number 517-223-3758 Fax Number 517-223-8233 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Mary@gormleylaw.onmicrosoft.com Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: John L. Gormley (P-53539) /s/
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 ANSWER TO RESPONDENT’S MOTION TO DISMISS NOW COMES Petitioner by and through its Attorney with its Answer to Respondent’s Motion to Dismiss as follows: 1. The petitioner is not the owner of the property’s 17-01-200-004 or 17-01-200-005. The owner of the property is Marion Township, located in Livingston County, Michigan. See a copy of the deed which is attached as Exhibit A. ANSWER: Petitioner denies and states it listed Robert Hanvey’s individual name as the contact person for Petitioner in the initial Petition and the Proof of Service initially filed with the Petition shows Petitioner as the “Township of Marion; Robert Hanvey.” Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township. Petitioner further states it understands why Respondent filed his Motion to request clarity. However, the Township of Marion has recently elected a new Supervisor by the name of Bill Fenton and this information should be updated within this matter as the contact person for the Township of Marion. Clearly, the Supervisor is the later ego of the Township, and the Page 1 of 3
Page 2
Township owns the real property in question. In the alternative, the Township requests the ability to amend the Petition to specifically reference Marion Township as the owner. 2. MCL 211.7dd(a) defines an “owner”
Page 3
P
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Respondent MOAHR DOCKET NO. 24-003829 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government Township Of Marion (LIVINGSTON) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Attorney/Authorized Representative’s Contact Information First Name John M.I. L Last Name Gormley Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 101 E. Grand River Ave. City or Town Fowlerville State Michigan ZIP Code 48836 Telephone Number 517-223-3758 Fax Number 517-223-8233 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Mary@gormleylaw.onmicrosoft.com Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: John L. Gormley (P-53539) /s/
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Motion To Dismiss Docket No.: 24-003829-TT Robert W Hanvey, Petitioner Vv. City of Howell, Respondent MOTION TO DISMISS The City of Howell (respondent) hereby moves this Honorable Tribunal to dismiss the above- captioned case on the grounds that the Petitioner is neither the owner nor lessee of the property in question. In support of this motion, Petitioner states as follows: 1. The petitioner is not the owner of the property’s 17-01-200-004 or’ 17-01-200-005. The owner of the property is Marion Township, located in Livingston County, Michigan. See a copy of the deed which is attached as Exhibit A. MCL 211.7dd(a) defines an “owner” to include any of the following: 1) A person who owns property or who is purchasing property under a land contract. 2) A person who is a partial owner of property. (3) A person who owns property as a result of being a beneficiary of a will or trust or as a result of intestate succession. (4) A person who owns or is purchasing a dwelling on leased land. (5) A person holding a life lease in property previously sold or transferred to another. 3. Petitioner is not the lessee of the property’s 17-01-200-004 or 17-01-200-005 4. The Petitioner has no legal interest in or standing in the property in question. 5. The Petitioner has no authority to file a petition regarding the property in question. WHEREFORE, The City of Howell (Respondent) respectfully requests that this Honorable Tribunal dismiss the above-captioned case with prejudice. Respectfully submitted,
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LIV INGSTON COUNTY TREASURER’S CERTIFICATE
I hereby certify that there are no TAX LIENS OR TITLES
held by, the State or any individual against the within
description, and all TAXES are same as paid for five years
previous to {hezdate of this instrument or appear on the
records, in thisseffice except asPage 3
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, Respondent. NOTICE OF NO ACTION TAKE NOTICE that the Tribunal has received Motion to Dismiss (“document”). You were, however, required to file proof demonstrating the service of that document on the opposing party (“proof of service”) and no proof of service has been filed.1 As such, the document is not properly pending and no action will be taken unless the required proof of service is filed within 14 days of the issuance of this notice. If the required proof of service is not filed within 14 days, you will be required to re-file the document with the appropriate filing fee and proof that the re-filed document was served on the opposing party. Entered: January 28, 2025 By: Tribunal Clerk 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 1 See TTR 261, 219(7), and 221(12).
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket
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ST
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Motion To Dismiss Docket No.: 24-003829-TT Robert W Hanvey, Petitioner Vv. City of Howell, Respondent MOTION TO DISMISS The City of Howell (respondent) hereby moves this Honorable Tribunal to dismiss the above- captioned case on the grounds that the Petitioner is neither the owner nor lessee of the property in question. In support of this motion, Petitioner states as follows: 1. The petitioner is not the owner of the property’s 17-01-200-004 or 17-01-200-005. The owner of the property is Marion Township, located in Livingston County, Michigan. See a copy of the deed which is attached as Exhibit A. 2. MCL 211.7dd(a) defines an “owner” to include any of the following: (1) A person who owns property or who is purchasing property under a land contract. (2) A person who is a partial owner of property. (3) A person who owns property as a result of being a beneficiary of a will or trust or as a result of intestate succession. (4) A person who owns or is purchasing a dwelling on leased land. (5) A person holding a life lease in property previously sold or transferred to another. 3. Petitioner is not the lessee of the property’s 17-01-200-004 or 17-01-200-005 4. The Petitioner has no legal interest in or standing in the property in question. 5. The Petitioner has no authority to file a petition regarding the property in question. WHEREFORE, The City of Howell (Respondent) respectfully requests that this Honorable Tribunal dismiss the above-captioned case with prejudice. Respectfully submitted,
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a JD Lo I Ce LIVINGSTON COUNTY TREASURER’S CERTIFICATE I hereby certify that there are no TAX LIENS OR TITLES held by, the State or any individual against the within description, and all TAXES are same as paid for five years previous to fhetdate of this instrument or appear on the records, in thisteffice except as
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that Respondent was held in default on December 2, 2024, and the default has been timely cured. The documents curing the default can be reviewed through the docket search function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket number and clicking on the document link next to the line item entry for the documents. Therefore, IT IS ORDERED that the Default is SET ASIDE. By_________________________________ Patricia L. Halm, Tribunal Chair Entered: December 26, 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 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, Respondent. ORDER SETTING ASIDE DEFAULT The Tribunal has reviewed the file in the above-captioned
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, 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
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M
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RECEIVED
Cal
AUG 07 2024
Ra
he Ey
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 Agricuitural 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.L.
Last Name/Company Name
ROBERT
W
[HANVEY
Mailing Address (No., Street, £.0. Box or Rural Route)
2877 W. COON LAKE ROAD
City or Town
State
ZIP Code
HOWELL
MI
148843
Telephone Number
Fax Number
517-546-1588
E-mail Address (do not enter uniess you want MTT to send all correspondence via e-mail)
SUPERVISOR@MARIONTOWNSHIP.COM
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
}
First Name
M.L
Last Name
JOHN
GORMLEY
rte
SORMLEY LAW OFFICES, PLC
Address (No,, Street, P.O, Box or Rural Route)
101 EAST GRAND RIVER AVE
City or Town
State
ZIP Code
FOWLERVILLE
Mi
48836
Telephone Number
Fax Number
517-220-0232
E-mail Address {do not enter unless you want MTT to send all correspondence via e-mail)
JOHN@GORMLEYLAW.ONMICROSOFT.COM
Section 3: Subject Property Information
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcels are you
vest
[] No**
appealing?
*If yes, use a multiple parcel form for Information regarding any contiguous parcels,Page 2
STATE OF MICHIGAN GRETCHEN WHITMER
Page 3
STATE OF
Page 4
STA
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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. 24-003829 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Howell (LIVINGSTON) 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 Peter M.I. Last Name Augostino Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 611 E Grand River #201 City or Town Howell State Michigan ZIP Code 48843 Telephone Number 517-540-6708 Fax Number E-mail Address paugostino@cityofhowell.org 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. Yes 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 Responding to petitioners appeal. exemption was removed from both parcels due to the exempt property text public use. Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? Yes If
Page 3
S
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, Respondent. ORDER OF DEFAULT The Tribunal has reviewed the file in the above-captioned case and finds that: Respondent has failed to file an answer. See TTR 279. Respondent must file an answer within 14 days of the entry of this Order. Small Claims answer forms can be found on our website at www.michigan.gov/taxtrib. Therefore, IT IS ORDERED that Respondent is HELD IN DEFAULT. IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated above, within 14 days of the entry of this Order.i Failure to comply with this Order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: December 2, 2024 Patricia L. Halm, Tribunal Chair
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MTT Docket No. 24-003829 Page 2 of 6 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
Page 3
STATE
Page 4
MT
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Page 1
RECEIVED
Cal
AUG 07 2024
Ra
he Ey
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 Agricuitural 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.L.
Last Name/Company Name
ROBERT
W
[HANVEY
Mailing Address (No., Street, £.0. Box or Rural Route)
2877 W. COON LAKE ROAD
City or Town
State
ZIP Code
HOWELL
MI
148843
Telephone Number
Fax Number
517-546-1588
E-mail Address (do not enter uniess you want MTT to send all correspondence via e-mail)
SUPERVISOR@MARIONTOWNSHIP.COM
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
}
First Name
M.L
Last Name
JOHN
GORMLEY
rte
SORMLEY LAW OFFICES, PLC
Address (No,, Street, P.O, Box or Rural Route)
101 EAST GRAND RIVER AVE
City or Town
State
ZIP Code
FOWLERVILLE
Mi
48836
Telephone Number
Fax Number
517-220-0232
E-mail Address {do not enter unless you want MTT to send all correspondence via e-mail)
JOHN@GORMLEYLAW.ONMICROSOFT.COM
Section 3: Subject Property Information
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcels are you
vest
[] No**
appealing?
*If yes, use a multiple parcel form for Information regarding any contiguous parcels,Page 2
STATE OF MICHIGAN GRETCHEN WHITMER
Page 3
STATE OF
Page 4
STA
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Robert W Hanvey, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003829 City Of Howell, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: October 16, 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.
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
Read document text excerpt
Page 1
RECEIVED
Cal
AUG 07 2024
Ra
he Ey
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 Agricuitural 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.L.
Last Name/Company Name
ROBERT
W
[HANVEY
Mailing Address (No., Street, £.0. Box or Rural Route)
2877 W. COON LAKE ROAD
City or Town
State
ZIP Code
HOWELL
MI
148843
Telephone Number
Fax Number
517-546-1588
E-mail Address (do not enter uniess you want MTT to send all correspondence via e-mail)
SUPERVISOR@MARIONTOWNSHIP.COM
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
}
First Name
M.L
Last Name
JOHN
GORMLEY
rte
SORMLEY LAW OFFICES, PLC
Address (No,, Street, P.O, Box or Rural Route)
101 EAST GRAND RIVER AVE
City or Town
State
ZIP Code
FOWLERVILLE
Mi
48836
Telephone Number
Fax Number
517-220-0232
E-mail Address {do not enter unless you want MTT to send all correspondence via e-mail)
JOHN@GORMLEYLAW.ONMICROSOFT.COM
Section 3: Subject Property Information
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcels are you
vest
[] No**
appealing?
*If yes, use a multiple parcel form for Information regarding any contiguous parcels,Page 2
STATE OF MICHIGAN GRETCHEN WHITMER
Page 3
STATE OF
Page 4
STA
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.