Answer to Petition and Affirmative Defenses and PoS - 7-16-26 (1).pdf
Stellar Hospitality Muskegon LLC Petitioner Vs. Township Of Fruitport Respondent · 26-000561-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL STELLAR HOSPITALITY MUSKEGON, LLC, MTT Docket No. 26-000561 Petitioner, Parcel No. 15-426-000-0001-00, Vs. and additional parcels FRUITPORT CHARTER TOWNSHIP, ANSWER AND AFFIRMATIVE DEFENSES TO PETITION Respondent. / Laura M. Hallahan (P42101) Bradley J. Fisher (P64608) HALLAHAN & ASSOCIATES, P.C. SCHOLTEN FANT Attorney for Petitioner Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 100 North Third Street, P. O. Box 454 Bloomfield Hills, MI 48302 Grand Haven, MI 49417-0454 (258) 731-3089 (616) 842-3030 lhallahan@hallahanlaw.com bfisher@scholtenfant.com RESPONDENT’S ANSWER TO PETITION NOW COMES Respondent, FRUITPORT CHARTER TOWNSHIP, by and through its attorneys, Scholten Fant, and responds to Petitioner’s Property Tax Petition as follows: 1. Admitted upon information and belief. 2. N/a. 3. Admitted upon information and belief. 4. Admitted upon information and belief. S. Admitted upon information and belief. 6. Neither admitted nor denied as Respondent lacks sufficient knowledge or information as to form a belief and therefore leaves the Petitioner to its proofs. 7. Admitted upon information and belief. 8. Admitted upon information and belief. 9. Neither admitted nor denied, the referenced exhibit speaks for itself. a. Admitted upon information and belief. 1
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b. Neither admitted nor denied as Respondent lacks sufficient knowledge or information as to form a belief and therefore leaves the Petitioner to its proofs. c. Neither admitted nor denied as Respondent lacks sufficient knowledge or information as to form a belief and therefore leaves the Petitioner to its proofs. 10. Denied as untrue. a. Denied as untrue. b. Denied as untrue. c. Denied as untrue. d. Denied as untrue. WHEREFORE, Respondent respectfully requests that the Tribunal deny Petitioner its requested relief, affirm Respondent’s assessment of the subject property, award Respondent its costs and attorney’s fees in defending this action and any other relief that the Tribunal determines is fair, just and equitable. Dated: July 16, 2026 Bradley J. Fisher (Ra4608) Attorneys for Respondent, Fruitport Charter Twp.
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AFFIRMATIVE DEFENSES TO PETITION NOW COMES the Respondent, FRUITPORT CHARTER TOWNSHIP, by and through its attorneys, Scholten Fant, and states that it may rely on one or all of the following affirmative defenses: 1. The appropriate methods of assessing the Subject Property were used and that method conforms to the methods used to assess similarly situated property in the State. 2. Petitioner has failed to state a claim upon which relief can be granted. 8. Petitioner may not be a proper party-in-interest. 4. Petitioner may not have standing to appeal. 5% The Tribunal may lack subject matter jurisdiction over this appeal. 6. Petitioner may have failed to comply with state property tax law by, inter alia, failing to report or failing to report completely its assessable property such that its property taxes were delinquent or underpaid, such that Petitioner is precluded from appealing its property values, and such that Respondent should be awarded damages. 7. Respondent reserves the right to add additional affirmative defenses as they become known to it through discovery in this matter. WHEREFORE, Respondent requests that the Tribunal affirm the assessed and taxable values as determined by Respondent, dismiss the Petition, and award Respondent costs, attorney fees and any other relief that the Tribunal determines is fair, just and equitable. Dated: July 16.2026 Bradley J. Fisher (P64608) Attorneys for Respondent, Fruitport Charter Twp. w
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL STELLAR HOSPITALITY MUSKEGON, LLC, MTT Docket No. 26-000561 Petitioner, Parcel No. 15-426-000-0001-00, VS. and additional parcels FRUITPORT CHARTER TOWNSHIP, Respondent. / Laura M. Hallahan (P42101) Bradley J. Fisher (P64608) HALLAHAN & ASSOCIATES, P.C. SCHOLTEN FANT Attorney for Petitioner Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 100 North Third Street, P. O. Box 454 Bloomfield Hills, MI 48302 Grand Haven, MI 49417-0454 (258) 731-3089 (616) 842-3030 lhallahan@hallahanlaw.com bfisher@scholtenfant.com / PROOF OF SERVICE The undersigned certifies that a copy of the foregoing document was e-filed with the Michigan Tax Tribunal and served upon all parties and/or attorneys of record to this action to their addresses as disclosed by the pleadings, on July 16, 2026, via U.S. Mail First Class, from Grand Haven, Michigan, with postage thereon fully prepaid. Dated: July 16, 2026 Legal Assistant to Bradley J. Fisher