SSP Associates Inc v Township of Saginaw (25-002492) Respondent's Motion to Compel Discovery.pdf

Ssp Associates Inc, Petitioner Vs. Township Of Saginaw, Respondent · 25-002492-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

SSP ASSOCIATES INC, 

Petitioner, 

MTT Docket No.: 25-002492 

v 

TOWNSHIP OF SAGINAW, 

Respondent. 

MICHIGAN TAX APPEAL SERVICES 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Steve Johnson 

By: 

Francis J. Keating (P39223) 

Representative for Petitioner 

Attorneys for Respondent 

436 N. Center St. 

4301 Fashion Square Blvd. 

Northville, MI 48167 

Saginaw, MI 48603 

(248) 392-4342 

(989) 498-2100 

sjohnson@mitaxappeal.com 

frakea@braunkendrick.com 

RESPONDENT’S MOTION TO COMPEL DISCOVERY 

NOW COMES Respondent, Township of Saginaw, by and through its attorneys, Braun 

Kendrick Finkbeiner P.L.C., and for its Motion to Compel Discovery states the following: 

1. 

On August 

11, 

2025, 

Respondent 

served Respondent’s 

Interrogatories 

and 

Request for Production of Documents to Petitioner, upon Petitioner (“Discovery Request”). 

A 

copy of this Discovery Request and Proof of Service is attached hereto and incorporated herein 

as Exhibit A. 

2. 

Petitioner’s response to said Discovery Request was due on September 8, 2025. 

3. 

Petitioner has not responded formally or informally to Respondent’s August 11, 

2025 Discovery Request. 

4927-6064-4199, v. 1

4. 

More than a week ago, Petitioner’s Representative indicated she was out of the 

office and will provide the responses when she returned to the office. To date, no responses have 

been received. 

53 

Petitioner’s failure 

to timely assert any objections to said Discovery Request 

constitutes a complete waiver of any such objections. 

6. 

Petitioner’s Representative has advised Respondent that appraisals are necessary 

in this case. 

1k 

The 

information 

Respondent 

requested, 

and 

asks 

the 

Tribunal 

to 

compel 

disclosure of, is relevant and required for Respondent’s preparation for this property tax appeal. 

WHEREFORE, Respondent requests that this Honorable Tribunal grant it the following 

relief: 

A. 

Enter 

an Order compelling 

Petitioner 

to immediately 

and 

fully 

answer 

the 

interrogatories and produce the requested documents; and 

B. 

Provide Respondent with such other relief as the Tribunal deems appropriate. 

BRAUN KE 

RP.L.C. 

Dated: September 16, 2025 

BiY:: 

ARA 

. KEATING (P39223) 

Attorneys fbr Respondent 

4927-6064-4199, v. 

1

EXHIBIT A

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

SSP ASSOCIATES INC, 

Petitioner, 

MTT Docket No.: 25-002492 

v 

TOWNSHIP OF SAGINAW, 

Respondent. 

MICHIGAN TAX APPEAL SERVICES 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Steve Johnson 

By: 

Francis J. Keating (P39223) 

Representative for Petitioner 

Attorneys for Respondent 

436 N. Center St. 

4301 Fashion Square Blvd. 

Northville, MI 48167 

Saginaw, MI 48603 

(248) 392-4342 

(989) 498-2100 

sjiohnson(@mitaxappeal.com 

frakea@braunkendrick.com 

RESPONDENT’S INTERROGATORIES AND 

REQUEST FOR PRODUCTION OF DOCUMENTS TO PETITIONER 

PLEASE TAKE NOTICE that the following discovery requests are directed to you under 

the provisions of the Michigan Tax Tribunal Rules of Practice and Procedure including TTR 239 

and TTR 247. 

You are requested to serve answers to the interrogatories and produce the requested 

documents within twenty-eight (28) days after service of them upon you, the original answers to 

be served upon the undersigned. 

The answers should be signed and sworn to by the person(s) 

making answer hereto. 

These discovery requests shall be deemed continuing and supplemental answers shall be 

required immediately 

if the 

Petitioner 

directly 

or indirectly 

obtains 

further 

or 

different 

information from the time answers are served to the time of hearing/trial. 

4899-5335-3814, v. 1

DEFINITIONS AND INSTRUCTIONS 

Unless otherwise stated, the following definitions and instructions are applicable to all 

interrogatories herein: 

A. 

The term “Petitioner” as used herein shall mean the Petitioner in this tax appeal. 

B. 

“Subject Property” as used herein shall mean the property identified in the 

Petition in this case. 

C. 

The term "document" or "documents" as used herein shall have the broadest 

meaning possible, including, but not limited to any writing and/or any data stored on electronic 

media including, without limitation, any notes, worksheets, emails, electronic data, memoranda, 

correspondence and any studies, reports or summaries of any kind whether formal or informal, 

published or unpublished. 

Electronic documents should be produced either in native form or in 

TIFF text searchable files. Please contact Respondents counsel directly to discuss the procedure 

for producing electronic documents before you engage in processing your electronic documents 

for production. 

D. 

The terms "referring", "regarding", or "relating" 

as used herein shall mean 

directly or indirectly, in whole or in part, referring to, relating to, connected with, with reference 

to, commenting on, impinging or impacting upon, affecting, responding to, explaining, showing, 

describing, analyzing, reflecting, concerning or constituting. 

E. 

The term “improvements” as used herein shall mean to upgrade, renovate, or 

enhance. 

F. 

The term “renovations” as used herein shall mean to restore, refurbish, repair, 

recondition or rebuild. 

4899-5335-3814, v. 1

G. 

The term “changes” as used herein shall mean to alter, modify, revise, refine, 

remodel or transform. 

H. 

The term “additions” as used herein shall mean increasing, or the act of adding 

something onto. 

IL 

The term “expansions” as used herein shall mean increase in size, extend, or 

enlarge. 

J. 

The singular includes the plural and the plural includes the singular. The 

masculine includes the feminine and neuter genders. The use of a verb in any tense shall be 

construed as the use of the verb in all tenses as is necessary to bring within the scope of an 

interrogatory all responses that may otherwise be construed to be outside the scope of the 

interrogatory. 

K. 

If Petitioner cannot answer any interrogatory fully and completely after exercising 

due diligence to make inquiry and secure the information necessary to do so, please so state and 

answer each such interrogatory to the fullest extent possible, specify the portion of each 

interrogatory that you claim to be unable to answer fully and completely, state the facts upon 

which you rely to support your contention that you are unable to answer the interrogatory fully 

and completely, and state what knowledge, information and/or belief you have concerning the 

unanswered portion of each such interrogatory. 

L. 

If Petitioner claims 

a privilege not 

to answer any interrogatory, 

it should 

specifically identify each interrogatory, portion thereof and/or matter as to which a privilege is 

claimed, the nature of the privilege, the legal and factual basis for each such claim of privilege, 

and provide 

sufficient 

further information concerning 

the 

inquiry 

or document 

and 

the 

4899-5335-3814, v. 1

Fa 

Fa 

Ii 

i 

circumstances relating thereto to explain the claim of privilege and to permit the adjudication of 

the propriety of the privilege claim. 

BRAUN 

EINER P.L.C. 

By: 

. 

Dated: August 11, 2025 

~FRANKJS J. KEATING (P39223) 

Attorneys/for Respondent 

INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 

1. 

Was Petitioner the sole owner of the Subject Property on December 31, 2024. 

ANSWER: 

2. 

If the answer to Interrogatory 1 is no, state the names and addresses of all owners 

of the Subject Property on December 31, 2024 and specify their ownership in the Subject 

Property. 

ANSWER: 

3. 

State whether Petitioner leased all or any part of the building(s), improvements, or 

land that make up the Subject Property to third parties during calendar year 2024. 

ANSWER: 

4. 

Identify all improvements, renovations, changes or additions that were made to 

the roof(s) of the building(s) located on the Subject Property for which Petitioner paid $5,000 or 

more per year during calendar year 2024. 

ANSWER: 

5. 

Pursuant 

to TTR 247, produce 

all drawings 

and 

invoices 

relating 

to 

the 

improvements, renovations, changes or additions that occurred during 2024 and are identified in 

the immediately preceding interrogatory. 

RESPONSE: 

4899-5335-3814, v. 1

6. 

Identify 

all improvements, renovations, changes, additions 

or expansions that 

were made to the exterior of the building(s) located on the Subject Property, including, but not 

limited to, walls, doors, windows, porticos, awnings or any exterior component for which 

Petitioner paid $5,000 or more per year during calendar year 2024. 

ANSWER: 

7. 

Pursuant 

to TTR 

247, produce 

all drawings 

and invoices 

relating 

to 

the 

improvements, renovations, changes, additions or expansions that occurred during 2024 and are 

identified in the immediately preceding interrogatory. 

RESPONSE: 

8. 

Identify 

all improvements, renovations, changes, additions or expansions that 

were made to the interior of the building(s) located on the Subject Property including, but not 

limited to, walls, doors, flooring, lighting, electrical, plumbing, ceilings, security systems or any 

interior component, for which Petitioner paid $5,000 or more per year during calendar year 2024. 

ANSWER: 

9. 

Pursuant 

to TTR 

247, produce 

all drawings 

and 

invoices 

relating 

to 

the 

improvements, renovations, changes, additions or expansions that occurred during 2024 and are 

identified in the immediately preceding interrogatory. 

RESPONSE: 

10. 

Identify 

all improvements, renovations, changes, additions or expansions that 

were made to the heating, cooling and/or ventilation system(s) on the Subject Property including 

any component of such system(s), for which Petitioner paid $5,000 or more per year during 

calendar year 2024. 

ANSWER: 

11. 

Pursuant 

to TTR 247, produce 

all drawings 

and invoices 

relating 

to 

the 

improvements, renovations, changes, additions or expansions that occurred during 2024 and are 

identified in the immediately preceding interrogatory. 

RESPONSE: 

4899-5335-3814, v. 1

12. 

Was any part of the Subject Property (including, without limitation, the roof(s), 

parking lots, exteriors/interiors of the building(s), HVAC system(s)) in need of repair, the cost 

for which Petitioner anticipated would be more than $5,000, on December 31, 2024? 

ANSWER: 

13. 

If any part of the Subject Property was in need of repair on December 31, 2024, 

identify what item or items were in need of repair and the estimated cost(s) to perform the 

repair(s). 

ANSWER: 

14. 

Pursuant to TTR 247, produce all drawings and estimates relating to the item(s) in 

need of repair on December 31, 2024. 

RESPONSE: 

15. 

Pursuant to TTR 247, produce all site surveys and/or drawings for the land and 

building(s) for the Subject Property dated on or after January 1, 2022. 

RESPONSE: 

16. 

Pursuant to TTR 247, produce all surveys, drawings and other documents that 

show the size and layout of the building(s) located on the Subject Property dated on or after 

January 1, 2022. 

RESPONSE: 

17. 

Pursuant to TTR 247, produce all leases relating to the Subject Property in effect 

during calendar year 2024. 

RESPONSE: 

18. 

Pursuant to TTR 247, produce all contracts relating to the use or occupancy of the 

building(s) located on the Subject Property in effect during calendar year 2024. 

RESPONSE: 

4899-5335-3814, v. 1

an 

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Fl 

19. 

Pursuant to TTR 247, produce appraisals for any part of the land and building(s) 

on the Subject Property dated on or after December 31, 2022. 

RESPONSE: 

20. 

Pursuant to TTR 247, produce all Rent Rolls for the Subject Property for calendar 

year 2024. 

RESPONSE: 

21. 

Pursuant to TTR 247, produce all rolls of supplemental revenue for the Subject 

Property including, but not limited to, revenue produced from leasing of billboards, kiosks, 

ATMs, storage space, and other advertising signs for calendar year 2024. 

RESPONSE: 

22. 

Pursuant to TTR 247, produce the 2024 Budget for the Subject Property. 

RESPONSE: 

23. 

List all tenant reimbursements received by Petitioner during calendar year 2024. 

ANSWER: 

24. 

For each tenant reimbursement received by Petitioner during calendar year 2024, 

state the following: 

a. 

The name of the tenant from whom the reimbursement was received; 

b. 

The items the reimbursement were paid for; and 

c. 

The space in the Subject Property the reimbursement was paid for. 

ANSWER: 

25. 

Pursuant to TTR 247, produce all documents prepared or used during calendar 

year 2024 to market any part of the Subject Property for rent. 

RESPONSE: 

4899-5335-3814, v. 1

Fai 

26. 

Pursuant to TTR 247, produce all offers made by or on behalf of Petitioner to rent 

any part of the Subject Property during calendar year 2024. 

RESPONSE: 

28. 

Pursuant to TTR 247, produce all offers received by or on behalf of Petitioner to 

rent any part of the Subject Property during calendar year 2024. 

RESPONSE: 

29. 

Pursuant to TTR 247, produce all offers received to purchase all or part of the 

Subject Property during calendar year 2024. 

RESPONSE: 

30. 

Pursuant 

to TTR 247, 

produce 

all income 

statements, 

balance 

sheets, 

and 

statements of cash flow for the operation of the Subject Property for calendar year 2024. 

RESPONSE: 

4899-5335-3814, v. 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

SSP ASSOCIATES INC, 

Petitioner, 

MTT Docket No.: 25-002492 

v 

TOWNSHIP OF SAGINAW, 

Respondent. 

MICHIGAN TAX APPEAL SERVICES 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Steve Johnson 

By: 

Francis J. Keating (P39223) 

Representative for Petitioner 

Attorneys for Respondent 

436 N. Center St. 

4301 Fashion Square Blvd. 

Northville, MI 48167 

Saginaw, MI 48603 

(248) 392-4342 

(989) 498-2100 

sjohnson@mitaxappeal.com 

frakea@braunkendrick.com 

PROOF OF SERVICE 

STATE OF MICHIGAN 

) 

)ss 

COUNTY OF MIDLAND) 

LEE STADLER, duly sworn, deposes and says that she is a secretary in the employ of 

BRAUN KENDRICK FINKBEINER P.L.C., 

attorneys 

for 

the Respondent, Township 

of 

Saginaw, and states that on the 

\\"¥~day of August, 2025, she served a copy of Respondent’s 

Interrogatories and Request for Production of Documents to Petitioner and Respondent’s Request 

to Enter Upon Land for Inspection by first class mail, by placing same in an envelope with 

sufficient postage attached and plainly addressed 

to: 

Steve Johnson, 436 N. Center 

St., 

Northville, MI 48167. 

NG) 

N 

Li POTN 

A 

LEE STADLER 

4914-4429-9094, v. 1

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