Triumph Church, Petitioner V City Of Pontiac, Respondent
- Petitioner
- Triumph Church
- Respondent
- City Of Pontiac
Case overview
- Docket number
- 24-003464-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- County
- Oakland
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 15 | Order of Dismissal | Not recorded | Not recorded | 02/13/2025 | Not recorded | Download |
| 14 | Order extending P's default | Not recorded | 3 | 01/02/2025 | Not recorded | Download |
| 13 | Petition has been verified | PET | 1 | 12/23/2024 | Not recorded | Download |
| 12 | Documentation | RESP | Not recorded | 12/20/2024 | Not recorded | Download |
| 11 | Response to Order | PET | Not recorded | 12/10/2024 | Not recorded | Download |
| 10 | Proof of Service of Misc Documents was received. | Not recorded | Not recorded | 12/06/2024 | Not recorded | Download |
| 9 | Documentation | Not recorded | Not recorded | 12/06/2024 | Not recorded | Download |
| 8 | Order extending P default | Not recorded | 3 | 11/26/2024 | Not recorded | Download |
| 7 | Notice of Filing | Not recorded | Not recorded | 11/13/2024 | Not recorded | Download |
| 6 | Notice of Docket Number SC | Not recorded | Not recorded | 11/13/2024 | Not recorded | Download |
| 5 | Attachments to the Answer were filed | Not recorded | Not recorded | 10/14/2024 | Not recorded | Download |
| 4 | Answer was received | Not recorded | Not recorded | 10/14/2024 | Not recorded | Download |
| 3 | Order Holding Petitioner in Default | Not recorded | Not recorded | 09/20/2024 | Not recorded | Download |
| 2 | Notice of Docket Number SC | Not recorded | Not recorded | 09/17/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 05/30/2024 | $250.00 | Download |
Documents
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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 Triumph Church, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 City of Pontiac, Presiding Judge Respondent. Patricia L. Halm ORDER OF DISMISSAL The Tribunal has considered the file in this case and finds that Petitioner was placed in default on September 20, 2024, because they submitted petitions in both the Small Claims and Entire Tribunal Divisions.1 On January 2, 2025, the Tribunal extended the time for Petitioner to cure the default by an additional 14 days and they have failed to respond.2 Petitioner has not complied with either order, and the latter stated that “failure to comply with this Order shall result in the dismissal of the case . . .” and referenced Grimm v Dep’t of Treasury.3 In Grimm, the Michigan Court of Appeals summarized factors that the Tribunal should consider before imposing the sanction of dismissal. Those factors are: (1) whether the violation was wilful or accidental; (2) the party's history of refusing to comply with previous court orders; (3) the prejudice to the opposing party; (4) whether there exists a history of deliberate delay; (5) the degree of compliance with other parts of the court's orders; (6) attempts to cure the defect; and (7) whether a lesser sanction would better serve the interests of justice.4 Here, Petitioner’s failure to comply with multiple orders has established a history of deliberate delay. As a result, giving careful consideration to the factors involved and considering all options in determining what sanction is just and proper, the Tribunal finds that dismissal is appropriate, and a lesser sanction would not be appropriate in light of Petitioner’s history of noncompliance in this case. 1 Although Petitioner did not respond to that September 20, 2024 Order of Default, the Tribunal entered an order extending the time to cure on November 26, 2024. Following the entry of the November 26, 2024 order, Petitioner filed a Small Claims petition form. Given Petitioner’s partial compliance with the Tribunal’s orders, another Order Extending Time for Petitioner to Cure Default was entered on January 2, 2025. 2 The January 2, 2025 Order Extending Time for Petitioner to Cure Default required Petitioner to file a Motion to Set Aside Default, pay the required $25.00 motion fee, and file proof that the motion was served on Respondent. 3 Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 4 Id. at 149.
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MTT Docket No. 24-003464 Page 2 of 2 Therefore, IT IS ORDERED that this case is DISMISSED. This Order resolves all pending claims in this matter and closes this case. APPEAL RIGHTS If you disagree with the final decision in this case, you may file a motion for reconsideration with the Tribunal or a claim of appeal with the Michigan Court of Appeals. A motion for reconsideration must be filed with the Tribunal with the required filing fee within 21 days from the date of entry of the final decision. Because the final decision closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing system; it must be filed by mail or personal service. The fee for the filing of such motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless the Small Claims decision relates to the valuation of property and the property had a principal residence exemption of at least 50% at the time the petition was filed or the decision relates to the grant or denial of a poverty or disabled veterans exemption and, if so, there is no filing fee. You are required to serve a copy of the motion on the opposing party by mail or personal
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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 Triumph Church,1 MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 City of Pontiac, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that Petitioner was held in default on September 20, 2024, because they submitted petitions in both divisions of the Tribunal. Petitioner did not respond to that order, and the Tribunal entered an order extending the time to cure on November 26, 2024. Having now filed a Small Claims petition form, Petitioner has partially complied with the Tribunal’s orders. Petitioner failed, however, to submit the motion to set aside default, motion fee, or proof of service of the motion upon Respondent, as required by the November 26, 2024 order. Though the Tribunal finds one final extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file a Motion to Set Aside Default, (2) pay the $25.00 fee required for the filing of the motion, and (3) file proof the motion was served on Respondent. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order.3 1 The amended petition indicates that the petitioner is Carl Prince. However, municipal records indicate that the property is owned by Triumph Church, as indicated in the initial Entire Tribunal petition. As such, although the amended Small Claims petition is accepted, the Tribunal finds that Triumph Church is the Petitioner, and that Carl Prince is Petitioner’s authorized representative. 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010). 3 “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received. A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 219(5).
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MTT Docket No. 24-003464 Page 2 of 2 Failure to comply with this Order may result in the dismissal of the case, as provided by TTR 231.4 Entered: January 2, 2025 By _____________________________ bw/jcr 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 4 See
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GRETCHEN WHITMER STATE OF MICHIGAN GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. submit this document, you may be held in default. 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 Section 1: Petitioner's Contact Information First Name M.L Last Name/Company Name Carl E Prince Mailing Address (No., Street, P.O. Box or Rural Route) 1332a W. Hadley St. City or Town State ZIP Code Milwaukee WI. 53206 Telephone Number Fax Number 414-510-4029 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) twoprinceman@yahoo.com Representative’s Contact Information Section 2: Petitioner’s Attorney/Authorized First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many parcelsareyou | [[] yest No** appealing? If you are appealing more than one parcel, are they contiguous or adjoining? *If yes, use a multiple parcel form for information regarding any contiguous parcels. MARLON I. BROWN, DPA
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check ati that appiy)
[J True Cash and Taxable Value
{1 Poverty Exemption
[0 Taxable Value Only (calculation)
[1 Disabled Veterans Exemption
{7 Uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
Exemption from Taxation (other than the denial of a
[3 classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
ur property was exempt as it is a Church. For many years of operation this was and is
the case.
As a result of the COVID-19 Pandemic our congregation has suffered. We are yet in
attempt trying to recover.
It is possible that we miss the filing dates as a result. However, to totally remove our
exemption and access our church a commercial tax as a for profit retail business is
egregious.
The Church is a 501C3 non-profit organization for the community of Pontiac.
Thank you for your consideration.
Section 6: Jurisdictional issues
Year(s) you are appealing:
2021-24
Did you protest the assessment at a Board of Review {BOR)? O Yes
[mn] No
If Yes, check which BOR you attended AND attach the BOR decision: [m] March
a July
[Ml] December
If No, check the applicable reason(s):
O Not required to attend
O Assessment Change Notice was not received by Petitioner
[| Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, Include explanation in Section 6)
[] Appealing within 35 days of State Tax Commission Order
[I] Appealing within 35 days of receipt of Notice of UncappingPage 3
STATE OF MICHIGAN GRETGHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information use the multiple parcel form for additional, contiguous parcels. Parcel identification Number: 64-14-30-352-020 Classification of Property: Real Personal (check one) Agriculturat Compete! industrial Residential Timber-Cutover Developmental Utility (check one) [ . Current Assessed Value (also known as State Equalized Value) as established by the BOR: Current Taxable Value as established by the BOR: What do you believe is the fair market value (also known as True Cash Value)? $80,000.00
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STATE
Page 5
S
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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. 24-004183 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Pontiac (OAKLAND) First Name M.I. Last Name/Company Name/Unit of Government Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Terry M.I. D Last Name Schultz Firm Name (if any) Oakland County Equalization Address (No., Street, P.O. Box or Rural Route) 250 Elizabeth Lake Rd. Suite 1000 West City or Town Pontiac State Michigan ZIP Code 48341 Telephone Number 248-858-0740 Fax Number 248-975-4407 E-mail Address appeals@oakgov.com Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR THIS PARCEL IS ALREADY UNDER APPEAL. PLEASE SEE DOCKET # 24-003464. THE PROPERTY’S TRUE CASH, ASSESSED, & TAXABLE VALUES WERE PROPERLY CALCULATED AND ARE IN CONFORMANCE WITH THE MICHIGAN CONSTITUTION, APPLICABLE STATUTES, AND APPLICABLE REGULATIONS. PETITIONER FAILED TO DEMONSTRATE THAT IT OCCUPIED THE PROPERTY IN QUESTION AS A HOUSE OF PUBLIC WORSHIP, USED PREDOMINATELY FOR RELIGIOUS SERVICES OR FOR TEACHING THE RELIGIOUS TRUTHS AND BELIEFS OF THE SOCIETY OR AS A PARSONAGE AS OF TAX DAY 12/31/2023 AS REQUIRED PER MCL 211.7S. Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? No If yes, check which BOR Petitioner attended: If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? *Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? No IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended: List the date the BOR denied Petitioner’s Poverty Exemption:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS Did Petitioner request the exemption at the BOR? If Yes, check which BOR Petitioner attended: Tax Year(s) denied: 2024 List the date the exemption was denied: 3/04/2024 What statutory section did Petitioner request the subject property be exempt? MCL 211.7s IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY What do you believe the classification should be: Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. Parcel
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Wigan
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A
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RECEIVED
DEC 13 2024
MICHIGAN TAX TRIBUNAL
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or
Non-Property tax disputes.
Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal
(e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not
submit this document, you may be held in defauit.
Section 1: Petitioner’s Contact Information
First Name
ME
Last Name/Company Name
Carl
Prince
Mailing Address (No., Street, P.O. Box or Rural Route)
1332A Hadley St
City or Town
State
ZIP Code
Milwaukee
WI
53206-2645
Telephone Number
Fax Number
414-510-4029
E-mail Address {do not enter unless you want MTT to send all correspondence via e-mail)
twoprinceman@yahoo.com
Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information
i
First Name
ML
Last Name
Firm Name (if any)
Address (No., Street, P.O. Box or Rural Route)
City or Town
State
ZIP Code
Telephone Number
Fax Number
E-mail Address {do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property Information
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcels are you
Yes*
[] No*
appealing?
*If yes, use a multiple parce! form for information regarding any contiguous parcels.Page 2
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check at that apply)
M True Cash and Taxable Value
[M Poverty Exemption
{1 Taxable Value Only (calculation)
[J Disabled Veterans Exemption
[T} uncapping of Taxable Value
[1 tligible Manufacturing Personal Property (ESA)
Exemption from Taxation (other than the denial of a
[1 Classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
This church property entity is 501C3 and has been tax exempt for many years. This is a
domestic nonprofit corporation since 1929. The property functions as a church, was
build as such and is operating as such. The property has been erronously classified as
commercial and has been taxed accordingly. Our church pastor is a veteran and the
church congregation was severely dissimated by the COVID-19 pandemic and attrition.
The resulted paperwork could not be completed and filed in a timely manner due to
government mandated shutdowns to stay at home. We are in a financial hardship and
borrowed money to pay the assesed delinquent taxes and must repay the loans we
borrowed. The commercial tax assessment precludes our operation as a religious
organization and hinders our ability to serve this community with religious morality and
community service.
Section 6: Jurisdictional Issues
Year(s) you are appealing:
2019 - 2023
Did you protest the assessment at a Board of Review (BOR)? [] Yes
[Mf No
if Yes, check which BOR you attended AND attach the BOR decision: [1 March
[1 duly
[1 December
if No, check the applicable reason(s):
[I Not required to attend
[| Assessment Change Notice was not received by Petitioner
Appealing a purported Clerical Error or Mutual Mistake of Fact {if yes, include explanation in Section 5)
Appealing within 35 days of State Tax Commission OrderPage 3
STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON 1. BROWN, DPA GOVERNOR DIRECTOR LANSING Section 7: Valuation Information +use the multiple parce! form for additional, contiguous parcels. Parcel Identification Number: 641430352020 Classification of Property: Real Personal (check one) ]
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STATE OF
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ph
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-
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N GRAND RIVER AVE, LANSING, MI 48906 _____________________________, MICHIGAN TAX TRIBUNAL Petitioner(s) v MTT Docket No. _____________________________, Respondent(s) PROOF OF SERVICE ___________________________________ states that on ___________________ he/she [Name of person serving/mailing petition] [date of service] served a copy of the ___________________ relative to the above-captioned matter upon: [Provide name and address of the party/people being served] ________________________________________________ ________________________________________________ _________________________________________ [Signature of person who is serving/mailing copy] _________________________________________ [Print/type name of person serving/mailing copy] ________________________________________________ _______________________________________________ TRIUMPH CHUCH 24-003464 CITY OF PONTIAC Kimberly Hampton December 6, 2024 Inspection Letter CARL E. PRINCE 1332A W. HADLEY ST. MILWAUKEE, WI 58206 /s/ Kimberly Hampton Kimberly Hampton
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OAKLAND COUNTY EXECUTIVE DAVID COULTER Equalization Division (248) 858-0740 | equal@oakgov.com 250 Elizabeth Lake Road, Ste. 1000 W | Oakland Pointe Office Building | Pontiac, MI 48341 | Fax (248) 858-2074 | oakgov.com December 6, 2024 Carl E. Prince 1332A W. Hadley St. Milwaukee, WI 53206 Ref: 64-14-30-352-020 Docket No: 24-003464 Dear Carl E. Prince: It has come to our attention that there is a pending Michigan Tax Tribunal appeal in regard to the above-mentioned property. We believe it is in both parties’ best interest to have an inspection done on the property before meeting with the Michigan Tax Tribunal. If there is additional information you would like us to consider in support of your contention of value, such as appraisals, construction costs, property sales data, market information, etc. please email it to us at the email address provided below. Any information sent to us does not satisfy the Tribunal rules for submitting evidence, and once a hearing date has been set, you will be required to submit evidence to the Michigan Tax Tribunal and Respondent as directed in the Notice of Hearing. Please contact Kimberly Hampton at 248-858-2039 or email us at appeals@oakgov.com within fourteen days of this letter to set up an appointment for a property review. Sincerely, Terry D. Schultz Chief, Oakland County Equalization
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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 Triumph Church, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 City of Pontiac, Presiding Judge Respondent. Patricia L. Halm ORDER EXTENDING TIME FOR PETITIONER TO CURE DEFAULT The Tribunal has considered the file in this case and finds that Petitioner was held in default on September 20, 2024, because it filed both a Small Claims Petition and an Entire Tribunal Petition for the same parcel of property, neither of which was properly completed.1 Petitioner was required to cure the default within 14 days. Despite having ample time to comply, Petitioner failed to respond or submit the required filings. Though the Tribunal finds an extension of time to cure the default appropriate, Petitioner’s failure to comply with Tribunal orders and its Rules of Practice and Procedure has established a history of deliberate delay that would justify dismissal of the case for failure to timely comply with this Order.2 For clarification, Petitioner may only file one petition for the property, and it must file the appropriate petition for the division of the Tribunal in which it wishes to file its appeal, i.e., Small Claims Division or Entire Tribunal. The Petitions indicate that the property is classified as commercial, however, so Petitioner may only file the appeal in the Small Claims Division if the amount of taxable value (TV) in dispute does not exceed $100,000. Because Petitioner failed to properly complete the Petitions and did not provide the required valuation information, the Tribunal is unable to determine whether the appeal qualifies for Small Claims. The Tribunal is also unable to determine whether the required filing fee has been paid in full. Therefore, IT IS ORDERED that the time for Petitioner to cure the default is EXTENDED. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: (1) file either a completed Small Claims petition form or a completed Entire Tribunal petition form, (2) pay the additional filing fee, if any, required for the filing of the appeal, (3) file a Motion to Set Aside Default, (4) pay the fee required for the filing of the Motion to Set Aside Default, which depends on which Petition is filed; the fee is $25.00 in the Small Claims division and $50.00 in the Entire Tribunal, and (5) file proof the Motion to Set Aside Default was served on Respondent. The foregoing must be filed 1 The order also stated that Petitioner failed to provide a copy of the notice giving rise to the appeal, but the petitions indicate that the property is classified as commercial, so this document is not required. 2 See Grimm v Dep’t of Treasury, 291 Mich App 140 (2010).
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MTT Docket No. 24-003464 Page 2 of 2 with the Tribunal within 14 days of entry of this Order.3 Failure to comply with this Order may result in dismissal of the case, as provided by TTR 231.4 Entered: November 26, 2024 By _____________________________ ejg/jc 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 3 “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
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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 Triumph Church, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 City Of Pontiac, Respondent. NOTICE OF FILING TAKE NOTICE that a Small Claims answer has been filed and the electronic copy of the answer can be reviewed by utilizing the Docket Lookup on the Tribunal’s website. Unless Respondent was defaulted, this case is ready to be scheduled for a Small Claims hearing and will be scheduled in the normal course of scheduling. You will receive a Notice of Hearing from the Tribunal by e-mail if you have identified an email address in the petition or other documentation. The Notice of Hearing will inform you of the date, time, and location of your hearing (note that your hearing will likely be conducted by telephone). Please read the Notice of Hearing as it includes important information. EVIDENCE: Parties are required to submit all evidence to the Tribunal and send a copy to the opposing party at least 21 days before the hearing date even if the documents had been submitted to the local Board of Review or the Michigan Department of Treasury. If the documents are not timely submitted to the Tribunal and served on the opposing party, the documents may be excluded. Documents may be filed with the Tribunal by mail or through the Tribunal’s e-filing system. Documents may be sent to the opposing party by mail or by e-mail, if the parties agree to service by e-mail. Alternate Dispute Resolution Options INFORMAL SETTLEMENT CONFERENCE: Parties have the option of handling this case through an informal settlement conference. An informal settlement conference is a meeting between the parties and/or their representatives to discuss the issues in a case in an effort to settle the case. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information. MEDIATION: Parties have the option of handling this case through mediation. Mediation is a voluntary process where a mediator facilitates communication between the parties, assists in identifying issues, and helps explore solutions to promote a mutually acceptable settlement. This process may be an alternative to a hearing with a judge and may result in the parties’ filing a Joint Stipulation for Entry of Consent Judgment. Visit the Tribunal’s ADR webpage for more information.
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MTT Docket No. 24-003464 Page 2 of 6 If you have any questions, please contact the Tribunal by phone at (517) 335-9760 or email taxtrib@michigan.gov. By: Tribunal Clerk Entered: November 13, 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 Triumph Church, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 City Of Pontiac, 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
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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 Triumph Church, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 City Of Pontiac, 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: November 13, 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 Triumph Church, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 City Of Pontiac, 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: November 13, 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 PROPERTY TAX APPEAL ANSWER FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL MTT DOCKET NO. ______________________ Section 1: Respondent’s Contact Information First Name: M.I.: Last Name/Company Name/Unit of Government: Home Address (No., Street, P.O. Box or Rural Route): County: City or Town: State: ZIP Code: Telephone Number: Fax Number: E-mail Address (do not enter unless you want MTT to send all correspondence via email): Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name: M.I.: Last Name: Firm Name (if any): Address (No., Street, P.O. Box or Rural Route): City or Town: State: ZIP Code: Telephone Number: Fax Number: E-mail Address (do not enter unless you want MTT to send all correspondence via email): Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? Yes No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. Yes No Not Applicable 24-003464 CITY OF PONTIAC 47450 WOODWARD AVE OAKLAND PONTIAC MI 48342 248-858-0776 248-975-4407 APPEALS@OAKGOV.COM TERRY D SCHULTZ PONTIAC MI 48341 248-858-0776 248-975-4407 APPEALS@OAKGOV.COM OAKLAND COUNTY EQUALIZATION 250 ELIZABETH LAKE ROAD, SUITE 1000 WEST
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Section 4: Explain Your Answer to this Appeal 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 No If yes, check which BOR Petitioner attended: March July December If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? Yes No *Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? Yes No If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? Yes No If yes, explain Is Petitioner appealing from a State Tax Commission Order? Yes No If so, what is the issue date? IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION THE PROPERTY’S TRUE CASH, ASSESSED, & TAXABLE VALUES WERE PROPERLY CALCULATED AND ARE IN CONFORMANCE WITH THE MICHIGAN CONSTITUTION, APPLICABLE STATUTES, AND APPLICABLE REGULATIONS. PETITIONER FAILED TO DEMONSTRATE THAT IT OCCUPIED THE PROPERTY IN QUESTION AS A HOUSE OF PUBLIC WORSHIP, USED PREDOMINATELY FOR RELIGIOUS SERVICES OR FOR TEACHING THE RELIGIOUS TRUTHS AND BELIEFS OF THE SOCIETY OR AS A PARSONAGE AS OF TAX DAY 12/31/2023 AS REQUIRED PER MCL 211.7S. PLEASE NOTE THAT PETITIONER'S CONTENTION OF TAXABLE VALUE FOR 2024 EXCEEDS THE $100,000.01 ALLOWABLE LIMIT FOR SMALL CLAIMS AND A PETITION FOR THE ENTIRE TRIBUNAL SHOULD BE FILED.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR Did Petitioner request a Poverty Exemption at a BOR? Yes No If Yes, check which BOR Petitioner attended: March July December List the date the BOR denied Petitioner’s Poverty Exemption: IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS Did
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WA
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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. 24-003464 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Pontiac (OAKLAND) First Name M.I. Last Name/Company Name/Unit of Government Mailing Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information First Name Terry M.I. D Last Name Schultz Firm Name (if any) Oakland County Equalization Address (No., Street, P.O. Box or Rural Route) 250 Elizabeth Lake Rd. Suite 1000 West City or Town Pontiac State Michigan ZIP Code 48341 Telephone Number 248-858-0740 Fax Number 248-975-4407 E-mail Address appeals@oakgov.com Section 3: Subject Property Information Does the subject property have a Principal Residence Exemption of 50% or more? No Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. N/A Section 4: Explain Your Answer to this Appeal Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Board of Review Decision, Notice of Uncapping, or Assessment Change Notice) with this Small Claims Answer, if applicable. If you do not submit this document, you may be held in default.
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR THE PROPERTY’S TRUE CASH, ASSESSED, & TAXABLE VALUES WERE PROPERLY CALCULATED AND ARE IN CONFORMANCE WITH THE MICHIGAN CONSTITUTION, APPLICABLE STATUTES, AND APPLICABLE REGULATIONS. PETITIONER FAILED TO DEMONSTRATE THAT IT OCCUPIED THE PROPERTY IN QUESTION AS A HOUSE OF PUBLIC WORSHIP, USED PREDOMINATELY FOR RELIGIOUS SERVICES OR FOR TEACHING THE RELIGIOUS TRUTHS AND BELIEFS OF THE SOCIETY OR AS A PARSONAGE AS OF TAX DAY 12/31/2023 AS REQUIRED PER MCL 211.7S. PLEASE NOTE THAT PETITIONER'S CONTENTION OF TAXABLE VALUE FOR 2024 EXCEEDS THE $100,000.01 ALLOWABLE LIMIT FOR SMALL CLAIMS AND A PETITION FOR THE ENTIRE TRIBUNAL SHOULD BE FILED. Section 5: Jurisdictional Issues IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES Did Petitioner protest the assessment at a Board of Review (BOR)? No If yes, check which BOR Petitioner attended: If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? *Submit a copy of the Notice of Assessment with the Answer. If the July or December BOR revised the assessment(s) at issue, did it have authority? If yes, cite the Board’s authority. Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? No If yes, explain. Is Petitioner appealing from a State Tax Commission Order? If so, what is the issue date? IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE When was the Notice of Uncapping, if applicable, issued? Under what statutory section was the Taxable Value uncapped? IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION Did Petitioner request a Poverty Exemption at a BOR? If Yes, check which BOR Petitioner attended: List the date the BOR denied Petitioner’s Poverty Exemption:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS Did Petitioner request the exemption at the BOR? If Yes, check which BOR Petitioner attended: Tax Year(s) denied: 2024 List the date the exemption was denied: 03/04/2024 What statutory section did Petitioner request the subject property be exempt? MCL 211.7s IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY What do you believe the classification should be:
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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 Triumph Church, MICHIGAN TAX TRIBUNAL Petitioner, SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 Oakland County, Presiding Judge Respondent. Patricia L. Halm ORDER HOLDING PETITIONER IN DEFAULT The Tribunal has reviewed the file in this case and finds that Petitioner has submitted petitions in both the Tribunal’s Small Claims and Entire Tribunal Divisions. Further, both petitions are incomplete, and Petitioner did not submit a copy of the notice giving rise to the appeal, i.e., the notice of action taken by the Board of Review or the denial of the exemption. Therefore, IT IS ORDERED that PETITIONER is held in DEFAULT. IT IS FURTHER ORDERED that Petitioner must complete the following to cure the default: file either a complete, amended Small Claims or Entire Tribunal petition, identifying the property owner as Petitioner, Petitioner’s representative, values for the property, and the amount in contention. If filing in the Small Claims Division, Petitioner shall also submit a copy of the notice giving rise to the appeal, i.e., the notice of action of the Board of Review, or notice of denial of the exemption sought, as required by TTR 227. If the property is classified as commercial and the amount in contention is greater than $100,000, Petitioner must file a complete, amended Entire Tribunal petition and pay any additional filing fee required. The petition shall note the docket number assigned by the Tribunal and if filed utilizing the Tribunal’s e-filing system, must be filed on the assigned docket number as an “Amended Petition.” Petition forms and a filing fee calculator can be found on our website at www.michigan.gov/taxtrib. The foregoing must be filed with the Tribunal within 14 days of the entry of this Order.1 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 219(5).
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MTT Docket No. 24-003464 Page 2 of 2 Failure to comply with this Order will result in PETITIONER being required to file a motion to set aside the default (with appropriate filing fee). Entered: September 20, 2024 By _____________________________ ssm 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 Triumph Church, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 County Of Oakland, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 17, 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 Triumph Church, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003464 County Of Oakland, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: September 17, 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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GRETCHEN WHITMER STATE OF MICHIGAN GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING DIRECTOR PROPERTY TAX APPEAL PETITION FORM VALUATION / EXEMPTION / CLASSIFICATION APPEAL Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or Non-Property tax disputes. submit this document, you may be held in default. 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 Section 1: Petitioner's Contact Information First Name M.L Last Name/Company Name Carl E Prince Mailing Address (No., Street, P.O. Box or Rural Route) 1332a W. Hadley St. City or Town State ZIP Code Milwaukee WI. 53206 Telephone Number Fax Number 414-510-4029 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) twoprinceman@yahoo.com Representative’s Contact Information Section 2: Petitioner’s Attorney/Authorized First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 3: Subject Property Information How many parcelsareyou | [[] yest No** appealing? If you are appealing more than one parcel, are they contiguous or adjoining? *If yes, use a multiple parcel form for information regarding any contiguous parcels. MARLON I. BROWN, DPA
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STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
Section 4: Issues Being Appealed (check ati that appiy)
[J True Cash and Taxable Value
{1 Poverty Exemption
[0 Taxable Value Only (calculation)
[1 Disabled Veterans Exemption
{7 Uncapping of Taxable Value
[J Eligible Manufacturing Personal Property (ESA)
Exemption from Taxation (other than the denial of a
[3 classification
Principal Residence or Qualified Agricultural Exemption)
Section 5: Explain the Reason for this Appeal
ur property was exempt as it is a Church. For many years of operation this was and is
the case.
As a result of the COVID-19 Pandemic our congregation has suffered. We are yet in
attempt trying to recover.
It is possible that we miss the filing dates as a result. However, to totally remove our
exemption and access our church a commercial tax as a for profit retail business is
egregious.
The Church is a 501C3 non-profit organization for the community of Pontiac.
Thank you for your consideration.
Section 6: Jurisdictional issues
Year(s) you are appealing:
2021-24
Did you protest the assessment at a Board of Review {BOR)? O Yes
[mn] No
If Yes, check which BOR you attended AND attach the BOR decision: [m] March
a July
[Ml] December
If No, check the applicable reason(s):
O Not required to attend
O Assessment Change Notice was not received by Petitioner
[| Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, Include explanation in Section 6)
[] Appealing within 35 days of State Tax Commission Order
[I] Appealing within 35 days of receipt of Notice of UncappingPage 3
STATE OF MICHIGAN GRETGHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information use the multiple parcel form for additional, contiguous parcels. Parcel identification Number: 64-14-30-352-020 Classification of Property: Real Personal (check one) Agriculturat Compete! industrial Residential Timber-Cutover Developmental Utility (check one) [ . Current Assessed Value (also known as State Equalized Value) as established by the BOR: Current Taxable Value as established by the BOR: What do you believe is the fair market value (also known as True Cash Value)? $80,000.00
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STATE
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S
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