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KLOOSTER v. CITY OF CHARLEVOIX

Docket No. 140423. Calendar No. 4.

795 N.W.2d 578 (2011)

Nathan KLOOSTER, Petitioner-Appellee, v. CITY OF CHARLEVOIX, Respondent-Appellant.

Supreme Court of Michigan.

Decided March 10, 2011.

Attorney(s) appearing for the Case

Law Weathers, Grand Rapids (by Steven F. Stapleton ) for petitioner.

Young, Graham, Elsenheimer & Wendling, PC, Bellaire (by James G. Young and Bryan E. Graham ), for respondent.

Bill Schuette , Attorney General, James J. Bursch , Solicitor General, and Steven B. Flancher and Ross H. Bishop , Assistant Attorneys General, for amicus curiae the State Tax Commission and the Department of Treasury.

Paul V. McCord , PLC (by Paul V. McCord ), for amicus curiae the Taxation Section of the State Bar of Michigan.

Miller, Canfield, Paddock and Stone, P.L.C. (by Steven D. Mann , Detroit and Don M. Schmidt , Kalamazoo), for amicus curiae the Michigan Municipal League, the Michigan Association of Equalization Directors, the Michigan Assessors Association, and the Michigan Townships Association.

Opinion

MICHAEL F. CAVANAGH, J.

This case involves the General Property Tax Act (GPTA)1 and two particular circumstances in which a conveyance of property may or may not permit a taxing authority to "uncap" and reassess the value of that property. Specifically, we granted leave to appeal to address whether a "conveyance" as that term is used in MCL 211.27a(3) must be by means of a written instrument and whether, under MCL 211...

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