Legal Question in Civil Litigation in Michigan
Hello,
I live on a residential city street, with a speed limit of 25mph. When I moved in to my house 10 years ago, there was a golf course at the end of my street, which is only about a mile long. Since then, the golf course has been replaced with a major shopping development that has increased the traffic in front of our homes by 70% (from 2400 cars/day to over 4000). The speed of these vehicles (35+mph) are not only an obvious safety and noise concern, but it also negatively impacts our property values. The city deems any changes to the road "unwarranted" and the sheriff has no problem with 30-35mph traffic, when quite frequently it is much faster than even that. After years of us requesting traffic speed studies, stop signs, speed bumps, extra patrols, or even a visit to see the problem first hand, my city has made it clear it has no interest in protecting us or our investments. Is there anything, legally, we can do, as residents, to gain some control in this issue?
Thanks
JC
Mt. Clemens, Michigan
1 Answer from Attorneys
It sounds as if you have exhausted your remedies for getting a lower speed limit or reducing the amount of traffic.
You can appeal your property taxes on the basis that your property value has declined. You will need a fee appraiser to determine the "true cash value". If your SEV is more than 1/2 of the appraiser's "true cash value" then you have a case for the Board of Review, and the Tax Tribunal. Be ready for a very long and difficult battle, these folks don't give up tax dollars easily.
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