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Answer and AD.pdf

Viceroy Plaza Assoc LLC, Petitioner Vs. City Of Sterling Heights, Respondent · 25-002525-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

VICEROY PLAZA ASSOC LLC, 

 

Petitioner, 

 

v 

 

 

 

 

 

 

Docket No. 25-002525 

 

 

 

 

 

 

 

 

 

Parcel No. 10-10-31-451-014 

CITY OF STERLING HEIGHTS, 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Respondent. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

STEPHEN POLTER 

POLTER LAW 

Attorney for Petitioner 

2600 W. Big Beaver Rd., Ste. L100 

Troy, MI 48084 

(248) 213-6800 

spolter@polterlaw.com 

 

MARC D. KASZUBSKI (P60333) 

O’Reilly Rancilio P.C. 

Attorney for Respondent 

12900 Hall Road, Suite 350 

Sterling Heights, MI 48313-1151 

(586) 726-1000 

mkaszubski@orlaw.com 

 

ANSWER TO PETITION 

 

Respondent, CITY OF STERLING HEIGHTS (“Respondent”), submits the following as 

its Answer to the Petition in this matter: 

1. 

Admit. 

2. 

Admit. 

3. 

No response required. 

4. 

No response required. 

5. 

No response required. 

6. 

Admit. 

7. 

No response required. 

8. 

No response required. 

9. 

No response required.

Page 2

2 

 

10. 

Admit. 

11. 

Denied as untrue. 

12. 

Neither admit nor deny as Respondent is without sufficient information to form a 

belief as to truth of this allegation. 

13. 

Neither admit nor deny as Respondent is with sufficient information to form a 

belief as to the truth of this allegation 

14. 

Admit. 

15. 

No response required. 

16. 

Admit. 

17. 

Denied as untrue. 

18. 

Denied as untrue. 

19. 

Respondent respectfully requests the Tax Tribunal deny Petitioner’s request in 

paragraph 19. 

20. 

No response required. 

WHEREFORE, Respondent respectfully requests this Honorable Tribunal dismiss the 

Petition with prejudice and on the merits and further award Respondent any and all other relief in 

its favor as is deemed just and appropriate under the circumstances. 

 

 

 

 

 

 

O’REILLY RANCILIO P.C. 

 

 

 

 

 

 

 

By: /s/ Marc D. Kaszubski 

 

 

 

 

 

 

 

 

 Marc D. Kaszubski (P60333) 

 

 

 

 

 

 

 Attorney for Respondent 

Dated: August 22, 2025

Page 3

3 

 

RESPONDENT’S AFFIRMATIVE DEFENSES 

 

 

NOW COMES, Respondent, CITY OF STERLING HEIGHTS, by and through its 

attorneys, O’REILLY RANCILIO P.C. and states for its Affirmative Defenses as follows: 

1. 

Petitioner lacks an interest in the property or standing to bring this action. 

2. 

Lack of jurisdiction. 

3. 

Res Judicata and Collateral Estoppel. 

4. 

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

against Respondent. 

5. 

The Petition is improper because it asks this Tribunal to grant a preference by 

application of a self-chosen method of assessment contrary to the laws of the 

State of Michigan. 

6. 

The Petition is improper because its effect would be to shift the burden of the city, 

school and county taxes to other property owners within the City of Sterling 

Heights. 

7. 

Petitioner has failed to join any and all claims arising out of the same transaction 

or occurrence subject to this action. 

8. 

Respondent reserves the right to raise any additional affirmative defenses as they 

arise during the pendency of this matter. 

 

WHEREFORE, Respondent respectfully requests this Honorable Tribunal dismiss the 

Petition with prejudice and on the merits and further award Respondent any and all other relief in 

its favor as is deemed just and appropriate under the circumstances.

Page 4

4 

 

O’REILLY RANCILIO P.C. 

 

 

 

 

 

 

 

By: /s/ Marc D. Kaszubski 

 

 

 

 

 

 

 

 

 

Marc D. Kaszubski (P60333) 

 

 

 

 

 

 

 

Attorney for Respondent 

Dated: August 22, 2025 

 

 

PROOF OF SERVICE 

 

I served Respondent’s Answer to Petition and Affirmative 

Defenses upon the attorneys of record and/or parties in this case on 

August 22, 2025. I declare the foregoing statement to be true to 

the best of my information, knowledge and belief. 





 U.S. Mail 

 

 Fax 



 Hand Delivered 

 

 Messenger 



 Express Mail Private 

 Other: 

 

 

 

 

/s/ Teresa A. Walsh 

 

 Teresa A. Walsh

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