Underutilized Tax Exemption for Eligible Developer Property

During the depths of the housing crisis, the Michigan Legislature passed Public Act 494 of 2012 to assist home builders holding excess inventories of “development property” (a term defined in the PA 494) in various states of construction.  PA 494 was phased in over a one-year period. Beginning December 31, 2013, eligible development property is exempt from taxes levied by the local school district for school operating purposes to the same extent provided a principal residence for either (a) three years, or (b) until the property is no longer eligible development property. See the General Property Tax Act—Act 206 of 1893.

“Eligible development property” is (a) a residential dwelling, condominium unit, or other residential structure that was new construction after December 30, 2012, including (b) the land on which that residential dwelling, condominium unit, or other residential structure is located, if the property meets all of the following conditions: (i) is not occupied and has never been occupied; (ii) is available for sale; (iii) is not leased; and (iv) is not used for any business or commercial purpose. The construction does not need to be complete to qualify for the exemption. See the Department of Treasury Bulletin 24 of 2013 regarding PA 494 of 2012.

To take advantage of the exemption, the owner must fill out Form 5033 and submit it to the local assessor. The assessor must determine if the property is eligible within fourteen days. If at any time the property, or a portion of the property, does not meet the requirements, the owner must file a rescission within 90 days. Assuming a school operating millage of 18 mills, the owner/developer stands to save $1,800 per year per $100,000 of assessed value. Builders and developers, particularly of high value residential construction, should consider utilizing the 211.7ss exemption.

John Anderson Speaking in Live Webinar on Significant Changes to CMS’ Medicare Shared Savings Program: Addressing Healthcare Providers’ Concerns

Giarmarco, Mullins & Horton, P.C. is pleased to announce that John Anderson will be a speaker for the Live Webinar assembled by The Knowledge Group titled, Significant Changes to CMS’ Medicare Shared Savings Program: Addressing Healthcare Providers’ Concerns.

Wednesday, May 31, 2017 @ 12:00 pm – 1:30 pm (EST)

Key topics include:

  • Medicare Shared Savings Program (MSSP) – An Overview
  • Accountable Care Organizations
  • Final MSSP Rule: Key Provisions
  • Quality Payment Programs
  • Operational Effectiveness
  • Systemic Inefficiencies
  • Practical Suggestions

CLICK HERE TO REGISTER

 

John Anderson

Pontiac Silverdome to be demolished after agreement reached between mayor, stadium owner

Pontiac City Attorney and Partner of Giarmarco, Mullins & Horton, P.C., Travis Mihelick, said “The city is satisfied with the judgment and believes the measures taken will not only make the property safer, but also more aesthetically attractive. Most importantly, we all believe it will be even more development-ready when the next opportunity emerges.”

Click to read the Crain’s Detroit Business article here

Click to read the WDIV Local 4 / Click on Detroit article here

Mr. Mihelick focuses his practice in the area of defending municipalities, schools and other employers against a wide range of claims, including discrimination claims, labor and employment disputes, civil rights actions, police liability claims, negligence, intentional torts, and other general liability claims. Mr. Mihelick has successfully represented his clients at all levels of litigation in both state and federal courts, including appellate courts.

Mr. Mihelick is a member of the State Bar of Michigan and the Federal Bar for the Eastern District of Michigan. In addition, he has been admitted to practice in the Western District of Michigan, the Northern District of Ohio, and the Sixth Circuit Court of Appeals.

 

J. Travis Mihelick

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Paul Thursam Accepted into Crain’s Leadership Academy

Partner Paul Thursam has been accepted into Crain’s Leadership Academy, a nomination-based program focused on developing the strengths of rising leaders in the community. This program includes development sessions focused on personal discovery, civic discovery, and discussions with leading figures in the community.

 

Mr. Thursam is a shareholder in GMH’s Business Practice Group, and Real Estate Practice Group. Since beginning his career in 2008, Paul has been recognized as a “Top Lawyer” by dbusiness magazine for 2012-21014 and 2016, and as a “SuperLaywer – Rising Star” for 2012-2016. He was also selected for the Detroit Regional Chamber’s “Leadership Detroit” program. He serves on the State Bar’s Representative Assembly, representing the 6th Circuit; on the Board of Review for Grosse Pointe Shores; on the Board of Directors for the Wayne State Law School Alumni Association; and he is the President of the Italian American Bar Association for Michigan. Paul co-chaired two symposiums at U of D Mercy Law School, and is published in the Michigan Real Property Law Section Journal.

 

Much congratulations to Mr. Thursam on his nomination and selection!

 

Timothy Mullins and John Miller Argue Case Against Gun Advocates

Timothy Mullins

John Miller

George Contis, Shareholder at GMH

Giarmarco, Mullins & Horton, P.C. is pleased to announce that George Contis is now a shareholder with the firm.

Mr. Contis concentrates his practice in the areas of, real estate acquisition and development, construction, mortgage and end-loan lending, participation loans, commercial and industrial leasing for landlords and tenants (including master leases, ground leases and subleases) and business planning.

Mr. Contis regularly works with lenders, owners and court appointed receivers in the sale of distressed office, commercial and industrial properties and manufactured home communities. He represented LA Fitness International and negotiated leases on its behalf for the establishment of its first 6 fitness facilities in Southeastern Michigan.

Mr. Contis earned his Bachelor of Arts Degree in Economics from the University of Pittsburgh in 1982 and received his Juris Doctor Degree from the University of Detroit in 1985. While at the University of Detroit, Mr. Contis participated in several local and national Moot Court competitions and was selected for membership to the Order of Barristers.

Mr. Contis has an “AV” Peer Review rating from Martindale-Hubbell, the highest ranking by peers for general ethical standards and legal ability.
George Contis

Keela Johnson Gracey, Shareholder at GMH

Giarmarco, Mullins & Horton, P.C. is pleased to announce that Keela Johnson Gracey is now a shareholder with the firm.

Keela specializes in complex divorce litigation in Oakland, Macomb and Wayne counties. She is involved in cases that impact all aspects of the family including high conflict custody and parenting time disputes, guardianships and conservatorships. She is frequently appointed as a Guardian ad Litem on behalf of children in custody disputes.

Keela is a member of the State Bar of Michigan, Family Law Committee; Oakland County Bar Association & Foundation; Women Lawyers Association of Michigan and the Michigan Interprofessional Association on Marriage, Divorce and the Family. She is a past Chair of the OCBA, Family Court Committee. She is also an Oakland County Bar Foundation Fellow.

Keela received her J.D., cum laude, from Western Michigan Thomas M. Cooley Law School, where she was on the Dean’s List and an Honors Scholar. She also holds a Master of Science in Guidance and Counseling from the University of Wisconsin-Stout and a B.A., summa cum laude, from Upper Iowa University.

Keela J. Gracey
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Timothy Mullins argued Ray v Swager in the Michigan Supreme Court

During the Philko trial, Timothy Mullins argued Ray v Swager in the Michigan Supreme Court. The case was argued in the River Rouge High School auditorium with numerous elected officials/judges in attendance. The Michigan appeals court ruled in favor of the coach.  Below is a photo from the argument.

Click here to view the article as published in the Associated Press. 

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Timothy Mullins
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Kenneth Chapie

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John Miller

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GMH Attorneys Selected for Inclusion in the 2017 Edition of Best Lawyers in America

The following Giarmarco, Mullins & Horton, P.C. attorneys have been selected for inclusion in the 2017 edition of Best Lawyers in America.

John A. Anderson has been selected as a 2017 Best Lawyer in America in the areas of Corporate Law and Health Care Law.

Andrew T. Baran has been selected as a 2017 Best Lawyer in America in the areas of Employment Law – Management, Labor Law – Management and Litigation – Labor and Employment.

Bruce E. Bigler has been selected as a 2017 Best Lawyer in America in the area of Medical Malpractice Law – Defendants.

Thomas P. Cavanaugh has been selected as a 2017 Best Lawyer in America in the area of Litigation – Trusts and Estates.

Gregory J. Gamalski has been selected as a 2017 Best Lawyer in America in the area of Real Estate Law.

Julius H. Giarmarco has been selected as a 2017 Best Lawyer in America in the area of Trusts and Estates.

Gilbert Gugni has been selected as a 2017 Best Lawyer in America in the areas of Family Law and Family Law Mediation.

William H. Heritage, III has been selected as a 2017 Best Lawyer in America in the areas of Health Care Law, and Mergers and Acquisitions Law.

William L. Hooth has been selected as a 2017 Best Lawyer in America in the area of Labor Law- Management.

William H. Horton has been selected as a 2017 Best Lawyer in America in the area of Commercial Litigation.

George D. Mercer has been selected  as a 2017 Best Lawyer in America in the area of Real Estate Law.

Timothy J. Mullins has been named as a 2017 Best Lawyer in America in the area of Education Law.

Ryan L. Perry has been named as a 2017 Best Lawyer in America in the area of Education Law.

LeRoy H. Wulfmeier, III has been named as a 2017 Best Lawyer in America in the areas of Family Law, Medical Malpractice Law – Defendants, and Professional Malpractice Law – Defendants.

23 GMH Attorneys Named 2016 Michigan Super Lawyers & Rising Stars

23 attorneys have been selected for inclusion in the 2016 Michigan Super Lawyers & Rising Stars list. Super Lawyers, published by Law & Politics magazine, is a consumer guide to outstanding attorneys based on a multi-step selection process including a survey and peer review.

Super Lawyers 2016
John A. Anderson
Andrew T. Baran
Thomas W.H. Barlow
David Binkley
Julius H. Giarmarco
Gilbert Gugni
Bruce W. Haffey
William H. Heritage, III
Stephen J. Hitchcock
William H. Horton
Daniel J. Kelly
George D. Mercer
Timothy J. Mullins
Albert Taylor Nelson, Jr.
Mark S. Papazian
Ryan L. Perry
Jennifer M. Savel
LeRoy H. Wulfmeier, III

Rising Stars 2016
Victoria S. Lehman
Christopher Ryan
Paul A. Thursam
Jared M. Trust
Geoffrey S. Wagner