Full record / Wyoming - Pinery Park Apts LDHA LLC 26-001257 Respondent's Appearance and Answer with Aff Defs and POS (10.1.26) FINAL.pdf

Wyoming - Pinery Park Apts LDHA LLC 26-001257 Respondent's Appearance and Answer with Aff Defs and POS (10.1.26) FINAL.pdf

Pinery Park Apts Ldha LLC Petitioner Vs. City Of Wyoming Respondent · 26-001257-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

PINERY PARK APTS LDHA LLC, 

 

 

Petitioner, 

 

v 

 

CITY OF WYOMING, 

 

 

Respondent. 

 

MTT Docket No. 26-001257 

 

Parcel No. 41-17-11-252-051 

 

 

 

 

 

 

 

 

/ 

 

 

 

 

John B. Maurice 

RYAN, LLC 

Representative for Petitioner 

101 West Big Beaver, Suite 945 

Troy, Michigan, 48084 

(248) 809-5527 

john.maurice@ryan.com 

 

Mark T. McMerrell 

Derek Girton 

RYAN, LLC 

Co-Representatives for Petitioner 

600 Superior Avenue E., Suite 1810 

Cleveland, OH 44114 

(216) 465-6816 

mark.mcmerrell@ryan.com 

 

Toby Koenig (P72367) 

BLOOM SLUGGETT, PC 

Attorneys for Respondent 

161 Ottawa Ave NW, Suite 400 

Grand Rapids, MI 49503 

(616) 965-9340 

toby@bloomsluggett.com 

 

 

 

 

 

 

 

/ 

 

 

 

 

RESPONDENT’S APPEARANCE 

NOW COMES attorney Toby Koenig, of the law firm of Bloom Sluggett, PC, and 

hereby enters his appearance on behalf of Respondent City of Wyoming in this matter. 

 

 

 

Dated: October 1, 2026 

Respectfully submitted by, 

BLOOM SLUGGETT, PC 

 

/s/ Toby Koenig 

 

 

 

 

Toby Koenig (P72367) 

Attorneys for Respondents City of Wyoming

Page 2

2 

 

4934-1181-4613, v. 2 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

PINERY PARK APTS LDHA LLC, 

 

 

Petitioner, 

 

v 

 

CITY OF WYOMING, 

 

 

Respondent. 

 

MTT Docket No. 26-001257 

 

Parcel No. 41-17-11-252-051 

 

 

 

 

 

 

 

 

/ 

 

 

 

 

John B. Maurice 

RYAN, LLC 

Representative for Petitioner 

101 West Big Beaver, Suite 945 

Troy, Michigan, 48084 

(248) 809-5527 

john.maurice@ryan.com 

 

Mark T. McMerrell 

Derek Girton 

RYAN, LLC 

Co-Representatives for Petitioner 

600 Superior Avenue E., Suite 1810 

Cleveland, OH 44114 

(216) 465-6816 

mark.mcmerrell@ryan.com 

 

Toby Koenig (P72367) 

BLOOM SLUGGETT, PC 

Attorneys for Respondent 

161 Ottawa Ave NW, Suite 400 

Grand Rapids, MI 49503 

(616) 965-9340 

toby@bloomsluggett.com 

 

 

 

 

 

 

 

/ 

 

 

 

 

RESPONDENT’S ANSWER TO PETITION AND AFFIRMATIVE DEFENSES 

Respondent City of Wyoming, through its attorneys, hereby submits its Answer and 

Affirmative Defenses to Petitioner’s Petition filed in this matter. 

(1) Admitted. 

 

(2) Admitted. 

 

(3) Denied as untrue in that only one parcel of real property is under appeal. 

 

(4) There are no allegations in paragraph 4 of the petition and therefore no response is 

required.

Page 3

3 

 

4934-1181-4613, v. 2 

(5) There are no allegations in paragraph 5 of the petition and therefore no response is 

required. 

 

(6) Admitted. 

(7) There are no allegations in paragraph 7 of the petition and therefore no response is 

required. 

 

(8) There are no allegations in paragraph 8 of the petition and therefore no response is 

required. 

 

(9) There are no allegations in paragraph 9 of the petition and therefore no response is 

required. 

 

(10) Admitted. 

 

(11) Admitted. 

 

(12) Respondent lacks sufficient information and/or knowledge as to Petitioner’s legal 

residence or principal office address and therefore leaves Petitioner to its proofs. 

 

(13) Paragraph 13 merely restates Petitioner’s claim, and therefore no response is required. 

To the extent a response is required, Respondent admits that Petitioner’s claim concerns the true 

cash value and taxable value of the property. Respondent denies, however, that the property was 

improperly assessed and further denies that Petitioner is entitled to any relief. 

 

(14) Admitted. 

 

(15) There are no allegations in paragraph 15 of the petition and therefore no response is 

required. 

 

(16) Respondent admits that the values in paragraph 16 of the petition accurately reflect 

the values on the ad valorem tax roll. 

 

(17) Denied as untrue. 

 

(18) Respondent admits that Petitioner, based on the allegations in paragraph 17, contends 

that the values are in dispute. Respondent denies, however, that the subject property was 

improperly assessed and further denies that Petitioner is entitled to any relief. 

 

(19) Paragraph 19 contains a request for relief to which no response is required; 

Respondent denies that Petitioner is entitled to any relief, requested or otherwise. 

 

(20) Paragraph 20 contains legal conclusions to which no response is required. To the 

extent paragraph 20 contains factual allegations, Respondent denies them as untrue. Respondent 

further denies that the subject property’s assessment violated the law and denies that Petitioner is 

entitled to any relief.

Page 4

4 

 

4934-1181-4613, v. 2 

AFFIRMATIVE DEFENSES 

1. 

Petitioner has failed to state a claim upon which relief can be granted. 

 

2. 

Petitioner’s claims against Respondent are barred because the valuation methods 

used by Respondent comply with the Constitution, state law, and prevailing Michigan State Tax 

Commission procedures. 

 

3. 

Respondent’s assessment reflects 50% of the subject property’s true cash value and 

the values on the roll, including the taxable value, comply with MCL 211.27a. 

 

4. 

Petitioner may not be a party in interest capable of bringing this appeal as to the 

parcel at issue in this matter. 

 

5. 

Petitioner’s claims may be barred in whole or in part for failing to allege sufficient 

facts to invoke the Tax Tribunal’s jurisdiction. 

 

6. 

Respondent reserves the right to identify further affirmative defenses as may 

become known through discovery. 

 

WHEREFORE, Respondent requests that the Tribunal dismiss Petitioner’s appeal with 

prejudice and award Respondent its costs, attorney fees, and all such further and additional relief 

as this Tribunal may deem appropriate. 

 

 

 

 

Dated: October 1, 2026 

Respectfully submitted by, 

BLOOM SLUGGETT, PC 

 

/s/ Toby Koenig 

 

 

 

 

Toby Koenig (P72367) 

Attorneys for Respondent City of Wyoming 

 

PROOF OF SERVICE 

Tonya Voakes, being duly sworn, deposes and says that she is employed by Bloom Sluggett, PC, 

and that on October 1, 2026, she served a copy of Respondent’s Appearance of Toby Koenig and Answer 

to the Petition by e-mail and by First Class Mail to: 

John B. Maurice 

RYAN LLC 

101 West Big Beaver, Suite 945 

Troy, Michigan, 48084 john.maurice@ryan.com 

Mark T. McMerrell 

Derek Girton 

RYAN, LLC 

600 Superior Avenue E., Suite 1810 

Cleveland, OH 44114 

mark.mcmerrell@ryan.com 

 

 

 

 

 

 

 

 

/s/ Tonya Voakes 

 

 

 

 

 

 

 

 

 

 Tonya Voakes

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