West Branch Realty LLC And West Branch Nassim LLC, Petitioner Vs. Township Of West Branch, Respondent
- Petitioner
- West Branch Realty LLC And West Branch Nassim LLC
- Respondent
- Township Of West Branch
Case overview
- Docket number
- 25-001839-TT
- Status
- Disposed
- CaseType
- ET Property
- Division
- ET
- County
- Ogemaw
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 12 | Consent Judgment | Not recorded | 10 | 01/16/2026 | Not recorded | Download |
| 11 | Granted | PET | 10 | 01/16/2026 | Not recorded | Download |
| 10 | A Stipulation has been received. | PET | Not recorded | 01/16/2026 | $50.00 | Download |
| 9 | Prehearing General Call | Not recorded | Not recorded | 01/16/2026 | Not recorded | Download |
| 8 | Order Setting Aside R Default | Not recorded | Not recorded | 09/30/2025 | Not recorded | Download |
| 7 | Response to Order - Answer | RESP | Not recorded | 09/08/2025 | Not recorded | Download |
| 6 | Order Holding Party in Default | Not recorded | Not recorded | 09/04/2025 | Not recorded | Download |
| 5 | Proof of service of petition was received. | PET | Not recorded | 07/25/2025 | Not recorded | Download |
| 4 | Petition has been verified | PET | 2 | 07/25/2025 | Not recorded | Download |
| 3 | Notice of Docket Number ET | Not recorded | Not recorded | 07/25/2025 | Not recorded | Download |
| 2 | A petition was received. | PET | Not recorded | 05/30/2025 | Not recorded | Download |
| 1 | ET Case Info Sheet | Not recorded | Not recorded | 05/30/2025 | $600.00 | 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 West Branch Realty LLC and MICHIGAN TAX TRIBUNAL West Branch Nassim LLC, Petitioners, v MTT Docket No. 25-001839 West Branch, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT CONSENT JUDGMENT The Tribunal has reviewed the Stipulation and finds that it comports with the mandates of State law.1 As a result, the Tribunal shall enter the parties’ Stipulation. Therefore, IT IS ORDERED that the Joint Stipulation for Entry of Consent Judgment including all attachments, terms, and conditions is GRANTED and ADOPTED, unless otherwise indicated. IT IS FURTHER ORDERED that the officer charged with maintaining the assessment rolls for the tax years at issue shall correct or cause the assessment rolls to be corrected to reflect the property’s true cash and taxable values as provided in this Consent Judgment within 20 days of the entry of the Consent Judgment.2 IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected taxes shall collect taxes and any applicable interest or issue a refund as required by the Consent Judgment within 28 days of the entry of the Consent Judgment. If a refund is warranted, it shall, unless otherwise indicated, include a proportionate share of any property tax administration fees paid and of penalty and interest paid on delinquent taxes. The refund shall also, unless otherwise indicated, separately indicate the amount of the taxes, fees, penalties, and interest being refunded. A sum determined by the Tribunal to have been unlawfully paid shall, unless otherwise indicated, bear interest from the date of payment to the date of judgment and the judgment shall bear interest to the date of its payment. A sum determined by the Tribunal to have been underpaid shall not bear interest for any time period prior to 28 days after the issuance of this Consent Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2020, through June 30, 2022, at the rate of 4.25%, (ii) after June 30, 2022, through December 31, 2022, at the rate of 4.27%, (iii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (iv) after June 30, 1 See MCL 211.27a. 2 See MCL 205.755.
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MTT Docket No. 25-001839 Page 2 of 2 2023, through December 31, 2023, at the rate of 8.25%, (v) after December 31, 2023, through June 30, 2024, at the rate of 9.30%, (vi) after June 30, 2024, through December 31, 2024, at the rate of 9.50%, (vii) after December 31, 2024, through June 30, 2025, at the rate of 9.47%, (viii) after June 30, 2025, through December 31, 2025, at the rate of 8.66%, and (ix) after December 31, 2025, through June 30, 2026, at a rate of 8.48%. This Consent Judgment resolves all pending claims in this matter and closes this case. See docket look up for a copy of stipulation and for any possible refund paragraph. By _____________________________ Entered: January 16, 2026 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
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1 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL WEST BRANCH REALTY LLC & WEST BRANCH NASSIM, LLC MTT Docket No. 25-001839 Petitioner, v. TOWNSHIP OF WEST BRANCH, Respondent. STIPULATION FOR ENTRY OF CONSENT JUDGMENT AND CONSENT JUDGMENT 1. The case is pending before the Entire Tribunal. 2. Property Parcel No.: 014-031-026-25 3. The values for the property identified above as established by Respondent: Tax Year True Cash Value State Equalized Value Assessed Value Taxable Value 2025 $7,611,800 $3,805,900 $3,805,900 $1,668,214 4. The values for the property identified above as stipulated by the parties for settlement purposes are: Tax Year True Cash Value State Equalized Value Assessed Value Taxable Value 2025 $2,000,000 $1,000,000 $1,000,000 $1,000,000
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MTT Docket No. 25-000669 Entire Tribunal Consent Judgment, Page 2 of 2 2 5. If stipulation addresses tax years other than the tax year originally appealed or tax years added through motions to amend that have been granted by the Tribunal, list the separate facts upon which the parties rely to invoke the Tribunal’s authority over those tax year or years (attach additional page if necessary): N/A 6. List separately any special terms or conditions being proposed by the parties that would affect the execution of this Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc. (attach additional page if necessary): Refunds to be paid within 60 days 7. The entire refund check, if issued, shall be made payable to The Gibbs Firm, IOLTA, as trustee for West Branch Realty LLC and shall be mailed to the following address: The Gibbs Firm 2355 Auburn Avenue Cincinnati, Ohio 45219 ______________________ _________________________ Geoffrey N. Byrne Toni Brusch Petitioners Representative Respondent’s Representative The Gibbs Firm, LPA Assessor 2355 Auburn Avenue Township of West Branch Cincinnati, Ohio 45219 P.O. Box 882 (513) 235-0550 Mio, MI 48647 geoff@thegibbsfirm.com (989) 826-6318 t_brusch@yahoo.com [Consent Judgment will be prepared by the Tribunal.] /s/ Geoffrey N. Byrne /s/ Toni Brusch
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1 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL WEST BRANCH REALTY LLC & WEST BRANCH NASSIM, LLC MTT Docket No. 25-001839 Petitioner, v. TOWNSHIP OF WEST BRANCH, Respondent. STIPULATION FOR ENTRY OF CONSENT JUDGMENT AND CONSENT JUDGMENT 1. The case is pending before the Entire Tribunal. 2. Property Parcel No.: 014-031-026-25 3. The values for the property identified above as established by Respondent: Tax Year True Cash Value State Equalized Value Assessed Value Taxable Value 2025 $7,611,800 $3,805,900 $3,805,900 $1,668,214 4. The values for the property identified above as stipulated by the parties for settlement purposes are: Tax Year True Cash Value State Equalized Value Assessed Value Taxable Value 2025 $2,000,000 $1,000,000 $1,000,000 $1,000,000
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MTT Docket No. 25-000669 Entire Tribunal Consent Judgment, Page 2 of 2 2 5. If stipulation addresses tax years other than the tax year originally appealed or tax years added through motions to amend that have been granted by the Tribunal, list the separate facts upon which the parties rely to invoke the Tribunal’s authority over those tax year or years (attach additional page if necessary): N/A 6. List separately any special terms or conditions being proposed by the parties that would affect the execution of this Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc. (attach additional page if necessary): Refunds to be paid within 60 days 7. The entire refund check, if issued, shall be made payable to The Gibbs Firm, IOLTA, as trustee for West Branch Realty LLC and shall be mailed to the following address: The Gibbs Firm 2355 Auburn Avenue Cincinnati, Ohio 45219 ______________________ _________________________ Geoffrey N. Byrne Toni Brusch Petitioners Representative Respondent’s Representative The Gibbs Firm, LPA Assessor 2355 Auburn Avenue Township of West Branch Cincinnati, Ohio 45219 P.O. Box 882 (513) 235-0550 Mio, MI 48647 geoff@thegibbsfirm.com (989) 826-6318 t_brusch@yahoo.com [Consent Judgment will be prepared by the Tribunal.] /s/ Geoffrey N. Byrne /s/ Toni Brusch
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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 NOTICE OF DECEMBER 16 - 30, 2026 PREHEARING GENERAL CALL AND ORDER OF PROCEDURE West Branch Realty LLC and West Branch Nassim LLC, Petitioner, v Township Of West Branch, Respondent. MTT Docket No. 25-001839 Please be advised that 25-001839 has been placed on a two-week Prehearing General Call commencing December 16, 2026. Unless ordered otherwise, parties will be notified at least 28 days before they are scheduled to appear. Scheduling will not necessarily occur in the order in which the cases are listed below. Parties are required to submit a valuation disclosure or written notification that no valuation disclosure is required by the dates indicated herein. A “valuation disclosure” is defined as documentary or other tangible evidence in a property tax proceeding that a party relies upon in support of the party’s contention as to the true cash value of the subject property or any portion thereof and contains the party’s value conclusion and data, valuation methodology, analysis or reasoning. See TTR 203 and TTR 241. Users who file documents with the Tribunal are advised that filed documents are public records and will appear for public viewing on the Tribunal’s Tax Docket Lookup. If a user wishes to file a document for consideration by the Tribunal and prevent its publication on the Tax Docket Lookup, the user MUST file a Motion for Protective Order under MCR 2.302(C)(8). If a Protective Order is issued, documents covered by the order will not be published. Documents filed prior to the issuance of a Protective Order will be published. In accordance with MCR 1.109(D)(9) and TTR 209, the responsibility for excluding or redacting personal identifying information (PII) from all documents filed with or offered to the Tribunal rests solely with the parties and their attorneys. The Tribunal is not responsible for or required to review, redact, or screen documents at the time of filing for PII whether filed electronically or on paper. A party, representative, or interested person (i.e. third party not part of an appeal) may request that the Tribunal redact PII contained in a previously filed document by submitting a Request for Redactions. The Request for Redactions form is available on the Entire Tribunal and Small Claims pages of the Tribunal’s website.
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MTT Docket No. 25-001839 Page 2 of 3 Please refer to the Tribunal’s FAQs and Glossary of Terms pages on the Tribunal’s website for more information. IT IS ORDERED that the parties shall: a. If no valuation disclosure is required, notify the Tribunal and the opposing parties in writing within 21 days of entry of this order that no valuation disclosure is being filed. The notice shall indicate the reason or reasons why no valuation disclosure is required (i.e., exemption claim, etc.). b. If a valuation disclosure is required, file and exchange their valuation disclosures by August 19, 2026. Valuation disclosures will not be admitted into evidence unless disclosed and furnished in accordance with this order (even though admissible) except upon a finding of good cause by the Tribunal. IT IS FURTHER ORDERED that the parties shall file and exchange their Prehearing Statements by August 19, 2026. Witnesses, with the exception of rebuttal witnesses, will not be allowed to testify unless disclosed in the Prehearing Statement and the Prehearing Statement is furnished in accordance with this order except upon a finding of good cause by the Tribunal. Failure to file the Prehearing Statement may result in holding a party or parties in default. See TTR 237. IT IS FURTHER ORDERED that “Pre-Valuation Disclosure” discovery is CLOSED on August 19, 2026, which means all discovery has been requested, all Motions to Compel have been filed, and all requested or ordered discovery has been exchanged by that date. Discovery relative to the valuation disclosure prepared for purposes of litigating this case or the valuation expert that prepared that valuation disclosure is not permitted during “Pre-Valuation Disclosure” discovery. IT IS FURTHER ORDERED that “Post-Valuation Disclosure” discovery is CLOSED on December 16, 2026, which means all discovery has been requested, all Motions to Compel have been filed, and all requested or ordered discovery has been exchanged by that date. “Post-Valuation Disclosure” discovery is limited to the opposing party’s valuation disclosure, the opposing party’s valuation expert, and the witnesses identified on the opposing party’s Prehearing Statement. IT IS FURTHER ORDERED that if this case is not scheduled for a date certain prehearing conference during the time frame indicated it may be scheduled for a date
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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 West Branch Realty LLC and West Branch Nassim LLC, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 25-001839 Township Of West Branch, 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 September 04, 2025, 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: September 30, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 West Branch Realty LLC and West Branch Nassim LLC, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 25-001839 Township Of West Branch, 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 September 04, 2025, 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: September 30, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 West Branch Realty LLC and West Branch Nassim LLC, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 25-001839 Township Of West Branch, 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 September 04, 2025, 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: September 30, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 ______________________, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. _____________ ______________________, Respondent. ENTIRE TRIBUNAL PROPERTY TAX ANSWER 1. ___Admit ___Deny. If denied, state the parcel number for the property identified on the Entire Tribunal Property Tax Petition for the tax year or years at issue: ________________________________________________________________ (If more than one parcel is at issue, attach a completed Multiple Parcel Answer Form addressing all other parcels at issue.) 2. ___Admit ____Deny. If denied, the property identified on the Entire Tribunal Property Tax Petition is ___ real ___ personal. 3. ___Admit ___Deny. If denied, identify the contiguous and non-contiguous parcels by parcel number (attach additional page if necessary): 4. ___Admit ___Deny. If denied, identify the parcel or parcels of personal property that are not located on a parcel of real property under appeal by parcel number (attach additional page if necessary): 5. ___Admit ___Deny. a. If denied, state when the personal property statements were filed, if at all: ______________________________________________________________ b. On what date did the March Board of Review commence: ______________________________________________________________ 6. ___Admit ___Deny. If denied, state the classification of the property identified on the Entire Tribunal Property Tax Petition for the tax year or years at issue: ________________________________________________________________ WEST BRANCH REALTY, LLC 25-001839 TOWNSHIP OF WEST BRANCH X X X X X X N/A N/A X
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MTT Docket No. ______________ Page 2 of 4 7. ___Admit ___Deny. If denied, list the separate facts upon which Respondent relies in support of the denial (attach additional page if necessary): 8. ___Admit ___Deny ___Neither Admit Nor Deny. If denied, list the separate facts upon which Respondent relies in support of the denial (attach additional page if necessary): 9. ___Admit ___Deny ___Neither Admit Nor Deny. If denied, state the facts upon which Respondent relies in support of the denial (attach additional page if necessary): 10. ___Admit ___Deny. If denied, in what County are the property or properties located in and what is the address of the property or properties: 11. ___Admit ___Deny. If denied, what is the applicable local governmental unit: ________________________________________________________________ 12. ___Admit ___Deny ___Neither Admit Nor Deny. If denied, list the separate facts upon which Respondent relies in support of the denial (attach additional page if necessary): 13. If the property’s taxable value is at issue, was there an addition or loss for purposes of establishing the property’s taxable value for the tax year or years at issue? ___Yes ___No. 25-001839 X X N/A - PETITIONER PROVIDED NO INFORMATION IN PETITION X N/A - PETITIONER PROVIDED NO INFORMATION IN PETITION X X X X
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MTT Docket No. ______________ Page 3 of 4 14. ___Admit ___Deny ___Neither Admit Nor Deny. If denied, list the separate facts upon which Respondent relies in support of the denial (attach additional page if necessary): 15. ___Admit ___Deny ___Neither Admit Nor Deny. If denied, list the separate facts upon which Respondent relies in support of the denial (attach additional page if necessary): 16. The values for the property identified above as established by Respondent’s Board of Review are: Tax Year True Cash Value Assessed Value Taxable Value 17. Respondent contends that the values for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 18. The values in dispute for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 25-001839 X X NO INFORMATION PROVIDED 2025 7,611,866 3,805,900 1,668,214 2025 7,611,866 3,805,900 1,668,214 2025 6,111,866 3,055,900 918,214
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MTT Docket No. ______________ Page 4 of 4 19. ___Admit ___Deny ___Neither Admit Nor Deny. If denied, list the separate facts upon which Respondent relies in support of the denial (attach additional page if necessary): 20. ___Admit ___Deny ___Neither Admit Nor Deny. If denied, list the separate facts upon which Respondent relies in support of the denial (attach additional page if necessary): 21. List any separate and specific facts upon which Respondent relies to support every ground on which Respondent relies and also has the burden of proof (attach additional page if necessary): 22. List affirmative defenses and the
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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 West Branch Realty LLC and West Branch Nassim LLC, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 25-001839 Township Of West Branch, 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. As such, Respondent must file and serve an answer to the petition and file proof demonstrating service of the answer within 14 days of the entry of this order. See TTR 235 and 227. Tribunal rules and information on Entire Tribunal answers 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: September 4, 2025 Patricia L. Halm, Tribunal Chair 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 i “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A submission by personal service is considered filed on the date the submission is received.
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MTT Docket No. 25-001839 Page 2 of 6 A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal act, MCL 205.735a.” TTR 225(5)
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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 West Branch Realty LLC and West Branch Nassim LLC, Petitioner, MICHIGAN TAX TRIBUNAL ENTIRE TRIBUNAL v MTT Docket No. 25-001839 Township Of West Branch, 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. As such, Respondent must file and serve an answer to the petition and file proof demonstrating service of the answer within 14 days of the entry of this order. See TTR 235 and 227. Tribunal rules and information on Entire Tribunal answers 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.ii Failure to comply with this order will result in the defaulted party being required to file a motion to set aside the default (with appropriate filing fee). By:_______________________________ Entered: September 4, 2025 Patricia L. Halm, Tribunal Chair 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 ii “A submission by mail is considered filed on the date indicated by the United States Postal Service postmark on the envelope containing the submission. A submission without a postmark or with an illegible postmark is considered filed on the date the submission is received by the tribunal. A submission by commercial delivery service is considered filed on the date the submission is given to the commercial service for delivery to the tribunal as indicated by the receipt date on the package containing the submission. A
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL WEST BRANCH REALTY, LLC AND WEST BRANCH NASSIM, LLC, Petitioner, \2 MTT Docket No. 25-001839 TOWNSHIP OF WEST BRANCH, Respondent. Parcel No(s). 014-031-026-25 Geoffery N. Byrne The Gibbs Firm, LPA Petitioner’s Representative 2355 Auburn Avenue Cincinnati, Ohio 45219 (513) 253-0550 PROOF OF SERVICE Geoffrey N. Bye, first being duly sworn upon oath, states that a copy of the foregoing petition was mailed to: VIA CERTIFIED U.S. MAIL Ms. Toni Brusch, Assessor Township of West Branch 1705 South Fairview Rd. West Branch, MI 48661 Jeremy HickMott, Township Clerk
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VIA FIRST-CLASS U.S. MAIL Ogemaw County Equalization 806 West Houghton Ave. West Branch, MI 48661 Ms. Breck Gildner Ogemaw County Clerk 806 West Houghton Ave., Suite 101 West Branch, MI 48661 Ms. Debra Abraham Secretary of the Board of Education West Branch — Rose City Area Schools Central Office 960 S. M-33 West Branch, MI 48661 Michigan Department of Treasury 430 W. Allegan Street Lansing, MI 48933 On J4ls 7 bd , 2025 by depositing said copy with the U.S. Post Office in Cincinnati, Ohio in an envelope having sufficient postage. dn N. Byrne The Gibbs Firm, LPA Petitioner’s Representative 2355 Auburn Avenue Cincinnati, Ohio 45219 (513) 253-0550 Geoff@TheGibbsFirm.com SUBSCRIBED AND SWORN TO Before me this _ 24 day of Sov 2025.
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON |. BROWN, DPA GOVERNOR LANSING DIRECTOR West Branch Realty LLC and West Branch Nassim LLC, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 25-001839 Township Of West Branch, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this notice, as required by TTR 227 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the notice may result in the dismissal of this case. Under TTR 235(1), “[tlhe respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: __ Tribunal Clerk Entered: July 25, 2025 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
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL WEST BRANCH REALTY, LLC & WEST BRANCH NASSIM, LLC Petitioner, Vv. MTT Docket No. WEST BRANCH TOWNSHIP, Respondent. Parcel No(s). 014-031-026-25 Geoffrey N. Byrne The Gibbs Firm, LPA Petitioner’s Representative 2355 Auburn Avenue Cincinnati, Ohio 45219 (513) 253-0550 PETITION West Branch Realty, LLC and West Branch Nassim, LLC (collectively, "Petitioner"), by and through its representative, Geoffrey N. Byrne, as authorized by MCL 205.735(3); and TTR 792.1205(1), states the following for its Petition: 1. Petitioner is West Branch Realty, LLC and West Branch Nassim, LLC. Petitioner’s principal offices are located at 150 Great Neck Road, Suite 304, Greak Neck,
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2. Respondent West Branch Township is the entity responsible under statute for the levy and collection of Michigan ad valorem real property taxes imposed by the General Property Tax Act, 1893 PA 206, as amended, MCL 211.1 ef seq. 3. During the time period relevant to this controversy Petitioner owned the real property that is the subject of this Petition, was a “party in interest” pursuant to MCL 205.735(3), and/or was responsible for the payment of ad valorem real property taxes for the property, in Respondent, West Branch Township at 2990 Cook Road and designated by Respondent as the captioned parcel (hereinafter, the "subject property"). 4. At issue in this matter are ad valorem real property taxes for the subject property assessed by Respondent as of December 31, 2024, tax day for the 2025 tax year (the "year in issue"). 5. The subject property consists of land, land improvements, building improvements and is located within West Branch Township, Ogemaw County, Michigan, and the West Branch Rose City Area School District. 6. The subject property is real property. The parcels are classified by Respondent for tax purposes as 201. 7. The present appeal involves a combination of the matter types (valuation; assessment; taxable value; uniformity and exemption) specified in TTR 792.10227 (3)(e)iii). 8. For the year in issue, Respondent assigned on the Notice of Assessment state
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Year | LD. Number(s) True Cash SEV AV Tax. Value Value 1 2025 | 014-031-026-25 $7,611,800 $3,805,900 | $3,805,900 | $1,668,214 in issue is $7,611,800. are significantly overstated relative to true cash value and proper valuation 9. The total assessment-indicated cash value for the subject property for the year 10. Petitioner asserts that the subject property's 2025 assessed and taxable values methodologies support Petitioner’s contention of a total true cash value set forth below of $1,500,000. Year | LD. Number(s) True Cash SEV AV Tax. Value Value 2025 | 014-031-026-25 $1,500,000 $750,000 $750,000 $750,000 11. As set forth below, a total of $6,111,800 in true cash value, $3,055,900 in state equalized, assessed value, and $918,214 in taxable value is in controversy for tax year 2025 subject to alterations in cash value contentions that may be necessary as this matter progresses. Year | LD. Number(s) True Cash SEV AV Tax. Value Value 2025 | 014-031-026-25 $6,111,800 $3,055,900 | $3,055,900 $918,214 12. The assessment issued by Respondent for the subject property for the year in issue is unlawful and invalid because the assessment, as equalized, exceeds 50% of the property's cash value contrary to applicable provisions of statute and constitution, inter
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13. The assessment issue by Respondent for the subject property for the year at issue is unlawful and invalid because it overstates the value as of December 31, 2024, the relevant tax day. 14. The assessment issued by Respondent for the subject property for the year in issue is unlawful and invalid because the valuation methodology used by Respondent to compute the assessment for the subject property is not the methodology that most accurately adduces a cash value for the subject property and does not reflect a proper reconciliation of all applicable approaches to value. 15. To the extent that Respondent has relied upon market data to achieve the assessment imposed for the 2025 tax year, Respondent's analysis of the selling prices of allegedly comparable properties is flawed; a properly-conducted study of the market for properties akin to the subject property at its location will reveal that the subject property's 2025 cash value is that identified by Petitioner in this Petition. 16. The assessment issued by Respondent for the subject property for the year in issue is unlawful and invalid because the valuation methodology used by Respondent to compute the assessment for the subject property fails to account for all factors limiting value including, but not limited to, the inability of the property to produce positive cash flow sufficient to support the cumulative assessment-indicated cash value for tax year
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18.
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(B)
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D
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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 West Branch Realty LLC and West Branch Nassim LLC, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 25-001839 Township Of West Branch, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this notice, as required by TTR 227 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the notice may result in the dismissal of this case. Under TTR 235(1), “[t]he respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: __Tribunal Clerk________ Entered: July 25, 2025 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 DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL WEST BRANCH REALTY, LLC & WEST BRANCH NASSIM, LLC Petitioner, Vv. MTT Docket No. WEST BRANCH TOWNSHIP, Respondent. Parcel No(s). 014-031-026-25 Geoffrey N. Byrne The Gibbs Firm, LPA Petitioner’s Representative 2355 Auburn Avenue Cincinnati, Ohio 45219 (513) 253-0550 PETITION West Branch Realty, LLC and West Branch Nassim, LLC (collectively, "Petitioner"), by and through its representative, Geoffrey N. Byrne, as authorized by MCL 205.735(3); and TTR 792.1205(1), states the following for its Petition: 1. Petitioner is West Branch Realty, LLC and West Branch Nassim, LLC. Petitioner’s principal offices are located at 150 Great Neck Road, Suite 304, Greak Neck,
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2. Respondent West Branch Township is the entity responsible under statute for the levy and collection of Michigan ad valorem real property taxes imposed by the General Property Tax Act, 1893 PA 206, as amended, MCL 211.1 ef seq. 3. During the time period relevant to this controversy Petitioner owned the real property that is the subject of this Petition, was a “party in interest” pursuant to MCL 205.735(3), and/or was responsible for the payment of ad valorem real property taxes for the property, in Respondent, West Branch Township at 2990 Cook Road and designated by Respondent as the captioned parcel (hereinafter, the "subject property"). 4. At issue in this matter are ad valorem real property taxes for the subject property assessed by Respondent as of December 31, 2024, tax day for the 2025 tax year (the "year in issue"). 5. The subject property consists of land, land improvements, building improvements and is located within West Branch Township, Ogemaw County, Michigan, and the West Branch Rose City Area School District. 6. The subject property is real property. The parcels are classified by Respondent for tax purposes as 201. 7. The present appeal involves a combination of the matter types (valuation; assessment; taxable value; uniformity and exemption) specified in TTR 792.10227 (3)(e)iii). 8. For the year in issue, Respondent assigned on the Notice of Assessment state
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Year | LD. Number(s) True Cash SEV AV Tax. Value Value 1 2025 | 014-031-026-25 $7,611,800 $3,805,900 | $3,805,900 | $1,668,214 in issue is $7,611,800. are significantly overstated relative to true cash value and proper valuation 9. The total assessment-indicated cash value for the subject property for the year 10. Petitioner asserts that the subject property's 2025 assessed and taxable values methodologies support Petitioner’s contention of a total true cash value set forth below of $1,500,000. Year | LD. Number(s) True Cash SEV AV Tax. Value Value 2025 | 014-031-026-25 $1,500,000 $750,000 $750,000 $750,000 11. As set forth below, a total of $6,111,800 in true cash value, $3,055,900 in state equalized, assessed value, and $918,214 in taxable value is in controversy for tax year 2025 subject to alterations in cash value contentions that may be necessary as this matter progresses. Year | LD. Number(s) True Cash SEV AV Tax. Value Value 2025 | 014-031-026-25 $6,111,800 $3,055,900 | $3,055,900 $918,214 12. The assessment issued by Respondent for the subject property for the year in issue is unlawful and invalid because the assessment, as equalized, exceeds 50% of the property's cash value contrary to applicable provisions of statute and constitution, inter
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13. The assessment issue by Respondent for the subject property for the year at issue is unlawful and invalid because it overstates the value as of December 31, 2024, the relevant tax day. 14. The assessment issued by Respondent for the subject property for the year in issue is unlawful and invalid because the valuation methodology used by Respondent to compute the assessment for the subject property is not the methodology that most accurately adduces a cash value for the subject property and does not reflect a proper reconciliation of all applicable approaches to value. 15. To the extent that Respondent has relied upon market data to achieve the assessment imposed for the 2025 tax year, Respondent's analysis of the selling prices of allegedly comparable properties is flawed; a properly-conducted study of the market for properties akin to the subject property at its location will reveal that the subject property's 2025 cash value is that identified by Petitioner in this Petition. 16. The assessment issued by Respondent for the subject property for the year in issue is unlawful and invalid because the valuation methodology used by Respondent to compute the assessment for the subject property fails to account for all factors limiting value including, but not limited to, the inability of the property to produce positive cash flow sufficient to support the cumulative assessment-indicated cash value for tax year
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18.
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(B)
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D
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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 - Petitioner MOAHR DOCKET NO. Section 1: Petitioner’s Contact Information Filer type: Organization First Name/Company Name M.I. Last Name West Branch Realty LLC and West Branch Nassim LLC Home Address (No., Street, P.O. Box or Rural Route) 150 Great Neck Road Suite 304 City or Town Great Neck State New York ZIP Code 11021 Telephone Number 5132530550 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) geoff@thegibbsfirm.com Section 2: Attorney/Authorized Representative’s Contact Information First Name Geoffrey M.I. N Last Name Byrne Firm Name (if any) The Gibbs Firm, LPA Address (No., Street, P.O. Box or Rural Route) 2355 Auburn Ave City or Town Cincinnati State Ohio ZIP Code 45219 Telephone Number 513-253-0550 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) geoff@thegibbsfirm.com Section 5: Issue Please designate one: Valuation – Fill out Sections 4, 5, & 6 below Section 6: Subject Property Information How many parcels are you appealing?1 Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address] 2990 Cook Road West Branch Michigan 48661 Taxing Authority (City or Township) City Of West Branch (OGEMAW) County Ogemaw If you are appealing more than one parcel, are they contiguous or adjoining? (*If no, you must file separate appeals for each non-contiguous or non-adjoining parcel.)
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 7: Check which of the following you are appealing (check all that apply) True Cash and Taxable Values Section 8: Valuation Information for Each Parcel under Appeal Parcel Number: 014-031-026-25 Classification of Property: Real Commercial Current Assessed Value (also known as State Equalized Value) as established by the Board of Review: 3805900 Current Taxable Value as established by the Board of Review: 1668214 What do you believe is the fair market value (also known as True Cash Value)? 1500000 Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 750000 If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Section 9: Assessment Information Type of Tax Assessment(s): Assessment Number(s): Check all that is being appealed: Check what action prompted this appeal: If “other,” please explain: Section 10: Special Assessment Information Type of Special Assessment: Did you protest the special assessment at the hearing held to confirm the special assessment roll? If Yes, what was the date of the hearing held to confirm the special assessment roll? If No, please explain: Section 11: Classification Information Parcel Number: Current Classification of Property as established by Board of Review: What do you believe is the property’s classification?
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR If improved property, how is the property currently being used? If improved property, for what use was the property designed? Fee Information The filing fee is based on the greater of State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed. If the State Equalized Value or Taxable Value in contention is: Your filing fee is: $100,000.00 and under $250.00 $100,000.01 to $500,000.00 $400.00 $Over $500,000.00 $600.00 * Plus $25.00 for each additional parcel, not to exceed a total filing fee of $2,000.00. A fee of $250.00 is required for the filing of a Special Assessment Appeal. A fee of $250.00 is required for the filing of an Equalization Tax Appeal. A fee of $250.00 is required for the filing of a Non-Property Tax Appeal. A fee of $150.00 is required for the filing of a Classification Tax Appeal Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Geoffrey Byrne
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