On June 17, 2026, the Michigan Court of Appeals issued a published decision holding that deed restrictions imposed as a condition of qualifying for tax exempt bond financing must be taken into consideration in establishing the value of property for Michigan property tax purposes. The decision, in DRSN Real Estate GP LLC v City of Grosse Pointe Woods, involved a low-income housing project with deed restrictions requiring rental units to be offered at restricted rents to certain individuals. The Tax Tribunal disregarded the impact of those deed restrictions because it found that there was not sufficient evidence of the offsetting impact of the tax-exempt bond financing which required those restrictions. The court reversed and remanded, ordering the Tribunal to take into consideration both the impact of the deed restrictions on the value, and, if there was competent evidence available, the offsetting impact of the tax-exempt bond financing.
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