Response to Petition, Affirmative Defenses and POS â CSJ Holdings (ID 113301).pdf
Cjs Holdings Of Warren, LLC, Petitioner Vs. City Of Warren, Respondent · 25-001814-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL CSJ HOLDINGS OF WARREN, LLC, MTT Docket No. 25-001814 Parcel ID No. 12-13-35-352-014 Petitioner, -v- CITY OF WARREN, Respondent. ______________________________/ BARRY STEINWAY Representative for Petitioner 5851 Cherrywood, Apt. 1901 West Bloomfield, Michigan 48322 (248) 563-2544 basteinway@gmail.com innercitymarkets@yahoo.com WARREN CITY ATTORNEY’S OFFICE MARY MICHAELS (P44601) CANDICE M. MAYER (P85421) Attorneys for Respondent One City Square, Ste. 400 Warren, Michigan 48093 (586) 574-4671 cmayer@cityofwarren.org ______________________________________________________________________ RESPONSE TO PETITION Respondent, CITY OF WARREN, by its attorneys, MARY MICHAELS, Acting City Attorney, and CANDICE MAYER, Assistant City Attorney, in response to the Petition states as follows: 1. Respondent admits ¶ 1. 2. Respondent admits ¶ 2. 3. Respondent states that ¶ 3 is not applicable to this Petition. 4. Respondent states that ¶ 4 is not applicable to this Petition.
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5. Respondent states that ¶ 5 is not applicable to this Petition. 6. Respondent admits ¶ 6. 7. Respondent states that ¶ 7 is not applicable to this Petition. 8. Respondent states that ¶ 8 is not applicable to this Petition. 9. Respondent states that ¶ 9 is not applicable to this Petition. 10. Respondent admits ¶ 10. 11. Respondent admits ¶ 11. 12. Respondent lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegation in ¶ 12 and therefore, leaves Petitioner to its proofs. 13. Respondent lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegation in ¶ 13 and therefore, leaves Petitioner to its proofs. 14. Respondent admits ¶ 14. 15. Respondent states that ¶ 15 is not applicable to this Petition. 16. Respondent denies ¶ 16 as this matter was not brought before the Board of Review. 17. Respondent lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegation in ¶ 17 and therefore, leaves Petitioner to its proofs. 18. Respondent lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegation in ¶ 18 and therefore, leaves Petitioner to its proofs.
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19. Respondent lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegation in ¶ 19 and therefore, leaves Petitioner to its proofs. 20. Respondent lacks sufficient knowledge or information sufficient to form a belief as to the truth of the allegation in ¶ 20 and therefore, leaves Petitioner to its proofs. WHEREFORE, Respondent, CITY OF WARREN, requests the Tribunal deny the requested relief, dismiss the Petition with prejudice, and award Respondent costs incurred by having to defend against this matter. Respectfully submitted, ____________________________ CANDICE M. MAYER (P85421) Assistant City Attorney Attorney for Respondent Dated: June 24, 2025 ID 113284 Candice M. Mayer
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL CSJ HOLDINGS OF WARREN, LLC, MTT Docket No. 25-001814 Parcel ID No. 12-13-35-352-014 Petitioner, -v- CITY OF WARREN, Respondent. ______________________________/ BARRY STEINWAY Representative for Petitioner 5851 Cherrywood, Apt. 1901 West Bloomfield, Michigan 48322 (248) 563-2544 basteinway@gmail.com innercitymarkets@yahoo.com WARREN CITY ATTORNEY’S OFFICE MARY MICHAELS (P44601) CANDICE M. MAYER (P85421) Attorneys for Respondent One City Square, Ste. 400 Warren, Michigan 48093 (586) 574-4671 cmayer@cityofwarren.org ______________________________________________________________________ AFFIRMATIVE DEFENSES Respondent, CITY OF WARREN, by its attorneys, MARY MICHAELS, Acting City Attorney, and CANDICE MAYER, Assistant City Attorney, submit the following Affirmative Defenses: 1. Petitioner failed to state any facts that would warrant relief from the assessment. 2. This Petition is barred by laches and principles of equity. 3. Petitioner failed to petition the Board of Review for relief.
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4. Petitioner 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. Respondent reserves the right to challenge the Petition, should taxes not be timely paid. 6. Petitioner 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. 7. Petitioner failed to plead facts and law establishing jurisdiction of the Tribunal. 8. Petitioner 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 failed to allege specific and sufficient facts to support its allegations that the property’s taxable value is improper. 9. Petitioner, in essence, seeks by petition to challenge the process of county and state equalization to which it has no legal standing and cannot maintain as cause of action. 10. Respondent reserves the right to raise additional defenses as may become known during the course of these proceedings. Respectfully submitted, ____________________________ CANDICE M. MAYER (P85421) Assistant City Attorney Attorney for Respondent Dated: June 24, 2025 ID 113284 Candice M. Mayer
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL CSJ HOLDINGS OF WARREN, LLC, MTT Docket No. 25-001814 Parcel ID No. 12-13-35-352-014 Petitioner, -v- CITY OF WARREN, Respondent. ______________________________/ BARRY STEINWAY Representative for Petitioner 5851 Cherrywood, Apt. 1901 West Bloomfield, Michigan 48322 (248) 563-2544 basteinway@gmail.com innercitymarkets@yahoo.com WARREN CITY ATTORNEY’S OFFICE MARY MICHAELS (P44601) CANDICE M. MAYER (P85421) Attorneys for Respondent One City Square, Ste. 400 Warren, Michigan 48093 (586) 574-4671 cmayer@cityofwarren.org ______________________________________________________________________ PROOF OF SERVICE STATE OF MICHIGAN ) ) ss. COUNTY OF MACOMB ) On June 24, 2025, I sent via email a copy of Respondent, City of Warren’s, Response to Petition, Affirmative Defenses, and Proof of Service to Barry A. Steinway at basteinway@gmail.com and innercitymarkets@yahoo.com. I declare that the statements above are true to the best of my information, knowledge, and belief. ____________________________ CANDICE M. MAYER (P85421) Assistant City Attorney Dated: June 24, 2025 Candice M. Mayer