Michigan Properties, LLC v. Meridian Township
491 Mich. 518
| Mich. | 2012Background
- GPTA interpretation of Proposal A and uncapping after transfer; uncapped value becomes the new baseline for future caps.
- Transfer of ownership in 2004 triggers uncapping under MCL 211.27a(3); assessor failed to adjust 2005 values, creating erroneous rolls.
- Meridian corrected 2005–2006 values; consent judgments allowed later Board of Review relief for 2007 uncapped values.
- Mich Props held March board of review may correct erroneous prior-year values in subsequent years to bring rolls into compliance.
- Toll Northville involved whether Tax Tribunal can correct a prior-year unconstitutional addition when not challenged in that year; Tribunal authority hinges on its jurisdiction to correct values to align with GPTA.
- Court clarifies that both March boards of review and the Tax Tribunal have authority to correct prior errors to ensure current rolls comply with GPTA and Proposal A.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Precludes later adjustment after non-uncapped year | Mich Properties | Meridian | No; later adjustment permissible |
| Authority to correct prior erroneous values | Mich Props and Toll Northville | GPTA limits on correction | Tribunal and boards may correct to bring current rolls into compliance |
| Constitutionality of public-service additions | Toll | Unconstitutional additions permitted | Unconstitutional additions cannot be treated as additions for tax purposes |
Key Cases Cited
- Klooster v City of Charlevoix, 488 Mich 289 (2011) (uncapping after transfer; catch-up value)
- Leahy v Orion Twp, 269 Mich App 527 (2006) (collateral estoppel concerns in prior-year challenges)
- Auditor General v Smith, 351 Mich 162 (1958) (pre-Proposal A limitations; not controlling post-Proposal A cases)
- Wikman v City of Novi, 413 Mich 617 (1982) (describes Tax Tribunal as de novo, quasi-judicial forum)
- Briggs Tax Serv, LLC v Detroit Pub Sch, 485 Mich 69 (2010) (refund and tax-collection limitations; relevance to corrections)
