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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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
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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.
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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.
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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