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May 2020
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May 19, 2020

Property Tax Appeal Deadlines Extended Due to COVID-19

See the update to this eAlert posted on 6-17-20 titled "Update to Previous eAlert on Property Tax Appeal Deadlines."

On May 14, 2020, Governor Whitmer signed Executive Order 2020‑87 (the “EO”), which is effective immediately and temporarily suspends certain deadlines for filing 2020 property tax appeals to allow an extension of these deadlines due to the COVID‑19 pandemic. Important highlights of this EO include the following:
 
  1. Local Boards of Review that were unable to complete their statutory duties under MCL 211.28 – 30, must meet in July 2020 to complete any such duties, including hearing protests. This is not a “repeat” or “do-over” of the March Boards of Review. The EO specifically states that there will be no rehearing or reconsideration by a July Board of Review of a protest, request or other tax matter that was previously denied by a March Board of Review.
  2. The May 31, 2020, deadline for filing tax appeals as to commercial and industrial property has been extended to July 31, 2020.
  3. The July 31, 2020, deadline for filing tax appeals as to residential and agricultural property remains the same and has not changed. Please keep in mind that an appeal of a residential or agricultural property requires having previously attended the appropriate Board of Review.

In response to this EO, the Michigan Tax Tribunal (“Tribunal”) issued a notice on May 15, 2020, which provides that during this period, any previously scheduled in-person small claims hearings have been converted to telephonic hearings unless an in-person hearing is requested by way of motion. Also, entire Tribunal hearings scheduled for the month of May have been adjourned and in-person entire Tribunal pre-hearing conferences scheduled for May have also been converted to telephonic conferences, unless a motion to adjourn is filed. Any such motions to adjourn or extend will be liberally granted with immediate consideration consistent with the Governor’s “Stay Home, Stay Safe” Order.

In addition to the Governor’s EO, House Bill 5766 is currently pending in the Michigan Legislature, which would further extend the deadlines for filing property tax appeals until August 31, 2020. This bill is still under consideration and has not yet become law. We will continue to monitor this situation and provide updates accordingly.

In the meantime, if you have any questions or would like us to help determine whether you have a possible 2020 tax appeal, please contact Ralph Colasuonno, Christian Meyer or any other member of Warner’s Real Property Litigation Practice Group as soon as possible. 

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