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C&J INVESTMENTS OF GRAYLING LLC V CITY OF GRAYLING
State: Michigan
Court: Court of Appeals
Docket No: 270989
Case Date: 11/13/2007
Preview:STATE OF MICHIGAN
COURT OF APPEALS


C & J INVESTMENTS OF GRAYLING, LLC, Petitioner-Appellant, v CITY OF GRAYLING, Respondent-Appellee.

UNPUBLISHED November 13, 2007

No. 270989 Tax Tribunal LC No. 00-306256

Before: Talbot, P.J., and Fitzgerald and Kelly, JJ. PER CURIAM. Petitioner appeals as of right from a Tax Tribunal decision holding that a 2002 transfer of two parcels of real property from the Annette E. Carey Revocable Trust to petitioner constituted a transfer of ownership under MCL 211.27a(6), thereby allowing the taxable values of the properties to be uncapped and reassessed. Petitioner contends that reassessment was improper because the transfer involved an exempt transaction under MCL 211.27a(7)(l). We affirm. The parties agree that petitioner is a legal entity comprised of two members, the Annette E. Carey Revocable Trust and Richard Jaskowski, each holding a 50 percent interest. The properties in question were formerly held solely by the trust. In 2002, Annette E. Carey, as trustee of her trust, and her husband, executed quitclaim deeds conveying the properties to petitioner. As this Court recently explained in Signature Villas, LLC v City of Ann Arbor, 269 Mich App 694, 696-697; 714 NW2d 392 (2006): Pursuant to the Michigan Constitution and the GPTA, property may not be assessed at more than 50 percent of its "true cash value," or fair market value. Const 1963, art 9,
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