Dale Ziegler doesn’t think it’s fair the Orion Township Board of Review has decided to assess taxes for the second floor of his Clarkston Road home, being that there’s nothing there.
Ziegler asked the board of trustees to pass a resolution July 18 that would allow residents to appeal by letter to the board of review.
Ziegler said he wanted to appeal his 2004 assessment, but was unable to attend the board of review meeting in person because his mother was having surgery.
‘I was out of town,? he said. ‘I didn’t know I couldn’t appeal by letter.?
Ziegler went before the state tax tribunal, who dismissed his case because he did not attend the board of review meeting to appeal in person.
He wanted to appeal his assessment for 2004 for his two-story colonial home, because he has yet to develop the second floor, although he is being assessed taxes for it.
‘I asked (township assessor) John Attwell to inspect it,? said Ziegler. ‘He basically refused…what I want to know is why.?
According to Ziegler, Attwell told him he was concerned Ziegler might do work on the second floor in between the time Attwell inspected the home, and the time he was assessed for the taxes.
Ziegler believes if the township passed a resolution allowing residents to appeal by letter, it would be more fair.
‘It’s giving every taxpayer the opportunity to appeal their assessment,? he said.
Attwell said, currently, only non-residents can appeal to the board of review by letter.
‘Is there any recourse this gentleman has?? asked clerk Jill Bastian.
Attwell said Ziegler’s only choice at this point would be to take his case to the court of appeals.
‘We have no jurisdiction here,? Bastian said.
Supervisor Jerry Dywasuk said Ziegler wasn’t aware he could send someone to the board of review meeting in his place.
‘How was I to know that?? asked Ziegler. ‘It’s not on the form.?
Dywasuk said that should be added to the form, and asked if Attwell could inspect the home now and then go back and inspect it again in December before assessing it for 2006.
‘It’s kind of intrusive to the property owner to keep showing up,? said Attwell.
‘So the decision has already been made for 2004 and 2005,? said trustee Michael Gingell. ‘Now it can only be reassessed for 2006.?
According to Attwel, once he turns his assessments over to the board of review in March, he loses any control to change it.
‘The board of review has until April (to change an assessment),? he added. ‘After that, only the state tax tribunal can.?
Attwell said most communities had not taken the option to even allow non-residents to appeal by letter.
‘It doesn’t give the local group the opportunity to hear the complaint,? he said.
‘Your letter is going to appeal to the local government…You’re not skipping the local government,? said Ziegler.
Attwell said most letters of appeal would just say ‘I appeal.?
‘What’s the board of review going to consider?? he asked.
Attwell said during his time as assessor for Orion Township, he’d never had a situation like Ziegler’s come up.
‘With someone not being able to attend (the board of review meeting),? he said.
‘What you’re telling (Ziegler) is, he can take us to court,? said Gingell.