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Answer to Petition - 26-002632.pdf

Canada Investments LLC, Detroit 313 Properties LLC Petitioners Vs. City Of Warren Respondent · 26-002632-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

DETROIT 313 PROPERTIES LLC & 

CANADA INVESTMENTS LLC 

 

 

 

Petitioner, 

 

v 

 

CITY OF WARREN, 

 

 

 

Respondent. 

 

 

 

Docket No. 26-002632 

 

 

_____________________________________________________________________________/ 

 

JON AYLSWORTH 

PROPERTY TAX CONSULTANTS 

Representative for Petitioner 

861 Pinecrest Ave. SE 

Grand Rapids, MI 49506 

(269) 366-0300 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

HALLAHAN & ASSOCIATES, P.C. 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

(248) 731-3089 

_____________________________________________________________________________/ 

 

 

ANSWER TO PETITION 

AND 

AFFIRMATIVE DEFENSES 

 

ANSWER 

 

Respondent City of Warren, by and through its attorneys, Hallahan & Associates, P.C., 

responds to the allegations made in Petitioner’s Petition as follows: 

1. 

Respondent lacks the information necessary to respond to the allegations in 

Paragraph 1 and leaves Petitioner to its proofs. 

2. 

Respondent admits the allegations in Paragraph 2 insofar as it is the entity that 

assesses and collects property taxes with relation to the parcel identified in the Petition.

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3. 

Respondent admits the property identification number is 12-13-35-353-004 and the 

subject property address is 11817 8 Mile Road, Warren, MI. Respondent further admits that 

subject property is classified as commercial real. With respect to the remaining allegations in 

Paragraph 3, Respondent lacks knowledge or information sufficient to form a belief as to the truth 

of the allegations contained therein and leaves Petitioner to its proofs. 

4. 

Respondent admits the allegations In Paragraph 4. 

5. 

Respondent acknowledges the issues raised by Petitioner in Paragraph 5, but denies 

that Petitioner’s claims have merit. 

6. 

Respondent admits the allegations in Paragraph 6 as to the stated values Respondent 

denies the allegations in Paragraph 6. 

7. 

Respondent admits the allegations in Paragraph 7. 

8. 

Respondent denies the allegations in Paragraph 8 for the reason that the same are 

untrue. In further answer, the assessed, state equalized and/or taxable values do not exceed 

permitted amounts, do not exceed the percentage of true cash value permitted by law, were 

correctly determined and are based upon correct application of proper principles, and the values 

and Respondent’s mode of assessment are non-discriminatory and constitutional. 

9. 

Respondent acknowledges the value contention raised by Petitioner in Paragraph 9, 

but denies that Petitioner is entitled to such relief. 

10. 

Respondent acknowledges the relief requested by Petitioner in Paragraph 10 of the 

Petition, but denies that Petitioner is entitled to the requested relief due to the statements in the 

above Paragraphs.

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WHEREFORE, Respondent City of Warren requests the Tribunal dismiss the Petition, 

affirm Respondent’s assessed and taxable values, subject to county and state equalization, and 

award Respondent its costs and attorney fees. 

HALLAHAN & ASSOCIATES, P.C. 

 

__/s/Laura M. Hallahan________________ 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

Dated: September 9, 2026 

(248) 731-3089 

 

 

 

AFFIRMATIVE DEFENSES 

 

Respondent City of Warren asserts the following affirmative defenses: 

1. 

Petitioner fails to allege specific and sufficient facts to set forth a cause of action 

against Respondent and to support its claim for relief. 

2. 

The Tribunal is charged with finding a property’s true cash value to determine the 

property’s lawful assessment. Alhi Development Co v Orion Twp, 110 Mich App 764, 767 (1981). 

3. 

Petitioner has the burden of establishing the property’s true cash value. See 

MCL 205.737(3) and Kern v Pontiac Twp, 93 Mich App 612 (1974). 

4. 

Petitioner has failed to allege specific and sufficient facts to establish fraud, error 

of law, discrimination, application of wrong principles, or illegality on the part of Respondent or 

its agents. 

5. 

Petitioner has failed to allege that the mode and method of assessing the subject 

property fails to conform to the mode and method applied in the case of all other properties in 

Respondent’s taxing unit for the year in question.

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6. 

Petitioner has failed to show that any factor other than fifty percent (50%) was 

applied to the true cash value of Petitioner’s property, as well as all others, to arrive at the 

respective assessments appearing on the roll, and also fails to allege specific and sufficient facts 

to support its allegations that the property’s taxable value is improper. 

7. 

Petitioner asks the Tribunal to grant it preference by application of a self-chosen 

method of assessment contrary to the intent, purpose and law of this State. 

8. 

Petitioner, in essence, asks the Tribunal to grant it an illegal preference by 

application of a method of assessment different from that employed in the assessment of other 

properties in Respondent’s taxing unit. 

9. 

Petitioner, in essence, seeks by petition to challenge the process of county and state 

equalization as to which it has no legal standing and cannot maintain a cause of action. 

10. 

Any decrease in the value of Petitioner’s property was a result of its own intentional 

acts and/or negligence and cannot be allowed to reduce Petitioner’s otherwise equitable tax burden. 

11. 

Respondent has properly and lawfully assessed Petitioner’s property and 

established its taxable value in accordance with statutory and constitutional requirements. 

12. 

Petitioner has failed to pursue its appeal in a timely fashion. 

13. 

Respondent reserves the right to raise additional affirmative defenses as the same 

may become known to it during the course of these proceedings.

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HALLAHAN & ASSOCIATES, P.C. 

 

 

/s/ Laura M. Hallahan______________ 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

Date: September 9, 2026 

(248) 731-3089 

 

 

 

 

PROOF OF MAILING 

 

On the date below I sent by electronic mail a copy of the foregoing Respondent’s Answer to Petition 

and Affirmative Defenses to: 

 

 

 

 

 

Jack Aylsworth 

 

 

 

 

jack@skylinepropertytax.com 

 

I declare that the statement above is true to the best of my information, knowledge and belief. 

 

 

/s/ Laura M. Hallahan_______________ 

Dated: September 9, 2026 

Laura M. Hallahan

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