Answer and Affirmative Defenses and PoS - 6-5-25.pdf
Franklin Quincy LLC, Petitioner Vs. Township Of Holland, Respondent · 25-001650-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL FRANKLIN QUINCY, LLC MTT Docket No. 25-001650 Petitioner, Parcel No. 70-16-05-300-033 vs. HOLLAND CHARTER TOWNSHIP, ANSWER & AFFIRMATIVE DEFENSES Respondent. Stewart L. Mandell (P33781) Bradley J. Fisher, Esq. (P64608) HONIGMAN LLP SCHOLTEN FANT Attorneys for Petitioner Attorneys for Respondent 39400 Woodward Avenue, Suite 101. 100 North Third Street, P. O. Box 454 Bloomfield Hills, MI 48304-5151. Grand Haven, MI 49417-0454 Detroit, MI 48226-3506 (616) 842-3030 (313) 465-7420 bfisher@scholtenfant.com slmandell(@honigman.com RESPONDENT’S ANSWER TO PROPERTY TAX PETITION NOW COMES RESPONDENT, HOLLAND CHARTER TOWNSHIP, by and through its attorneys, Scholten Fant, and for its Answer to Petitioner’s Property Tax Petition, states as follows: 1. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. 2. Admitted. 3. Admitted upon information and belief. 4, Admitted upon information and belief.
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= Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. 6. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. ds Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. 8. Denied as untrue. (a) Denied as untrue. (b) Denied as untrue. (c) Denied as untrue. (d) Denied as untrue. WHEREFORE, Respondent Holland Charter Township 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 responding to this action and award such further relief as it deems appropriate under the circumstances. Dated: June 5, 2025 Bradley J. Wisher (P64608) Attorneys for Respondent Holland Charter Township AFFIRMATIVE DEFENSES TO PETITIONER’S PROPERTY TAX PETITION NOW COMES HOLLAND CHARTER TOWNSHIP, by and through its attorneys,
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Scholten Fant, and hereby offers the following Affirmative Defenses to the Petitioner’s Property Tax Petition: hi The appropriate methods of assessing the Subject Property were used and those methods conform to the methods used to assess similarly situated property in the State. “4 2. 4. 3s 6. Petitioner has failed to state a claim upon which relief can be granted. Petitioner may not be a proper party-in-interest. Petitioner may not have standing to appeal. The Tribunal may lack subject matter jurisdiction over this appeal. 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 2024 assessed and taxable values as determined by Respondent, to dismiss the Petition, and award Respondent its costs, attorney fees and any other relief that the Tribunal determines is fair, just and equitable. Dated: June 5, 2025 Bradley J. Fisher (P64608) Attorneys for Respondent Holland Charter Township
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL FRANKLIN QUINCY, LLC MTT Docket No. 25-001650 Petitioner, Parcel No. 70-16-05-300-033 VS. HOLLAND CHARTER TOWNSHIP, Respondent. Stewart L. Mandell (P33781) Bradley J. Fisher, Esq. (P64608) HONIGMAN LLP SCHOLTEN FANT Attorneys for Petitioner Attorneys for Respondent 39400 Woodward Avenue, Suite 101. 100 North Third Street, P. O. Box 454 Bloomfield Hills, MI 48304-5151. Grand Haven, MI 49417-0454 Detroit, MI 48226-3506 (616) 842-3030 (313) 465-7420 bfisher@scholtenfant.com slmandell@honigman.com PROOF OF SERVICE The undersigned certifies that a copy of the Respondent’s Answer to Property Tax Petition and Affirmative Defenses to Petitioner's Property Tax Petition 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 June 5, 2025, via U.S. Mail First Class, from Grand Haven, Michigan, with postage thereon fully prepaid. Dated: June 5, 2025 Legal Assistant to Bradley J. Fisher