Response to Their Motion to Dismiss.pdf
Township Of Marion, Petitioner V City Of Howell, Respondent · 24-003829-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS TOWNSHIP OF MARION; ROBERT W. HANVEY, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION Petitioner, CASE NO.: 24-003829 v CITY OF HOWELL, Respondent. JOHN L. GORMLEY (P-53539) PETER AUGOSTINO GORMLEY LAW OFFICES, PLC CITY OF HOWELL, ASSESSOR Attorney for Defendant Assessor for City of Howell 101 E. Grand River Ave. 611 E. Grand River Ave. Fowlerville, MI 48836 Howell, MI 48843 (517) 223-3758 (517) 540-6708 ANSWER TO RESPONDENT’S MOTION TO DISMISS NOW COMES Petitioner by and through its Attorney with its Answer to Respondent’s Motion to Dismiss as follows: 1. The petitioner is not the owner of the property’s 17-01-200-004 or 17-01-200-005. The owner of the property is Marion Township, located in Livingston County, Michigan. See a copy of the deed which is attached as Exhibit A. ANSWER: Petitioner denies and states it listed Robert Hanvey’s individual name as the contact person for Petitioner in the initial Petition and the Proof of Service initially filed with the Petition shows Petitioner as the “Township of Marion; Robert Hanvey.” Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township. Petitioner further states it understands why Respondent filed his Motion to request clarity. However, the Township of Marion has recently elected a new Supervisor by the name of Bill Fenton and this information should be updated within this matter as the contact person for the Township of Marion. Clearly, the Supervisor is the later ego of the Township, and the Page 1 of 3
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Township owns the real property in question. In the alternative, the Township requests the ability to amend the Petition to specifically reference Marion Township as the owner. 2. MCL 211.7dd(a) defines an “owner” to include any of the following: 2.1. A person who owns property or who is purchasing property under a land contract. 2.2. A person who is a partial owner of property. 2.3. A person who owns property as a result of being a beneficiary of a will or trust or as a result of intestate succession. 2.4. A person who owns or is purchasing a dwelling on leased land. 2.5. A person holding a life lease in property previously sold or transferred to another. ANSWER: Petitioner admits. 3. Petitioner is not the lessee of the property’s 17-01-200-004 or 17-01-200-005. ANSWER: Petitioner admits and states it listed Robert Hanvey’s individual name as the contact person for Petitioner in the initial Petition and the Proof of Service initially filed with the Petition shows Petitioner as the “Township of Marion; Robert Hanvey.” Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township. Petitioner further states it understands why Respondent filed his Motion to request clarity. However, the Township of Marion has recently elected a new Supervisor by the name of Bill Fenton and this information should be updated within this matter as the contact person for the Township of Marion. 4. The Petitioner has no legal interest in or standing in the property in question. ANSWER: Petitioner denies the lack of legal interest in this matter and states it listed Robert Hanvey’s individual name as the contact person for Petitioner in the initial Petition and the Proof of Service initially filed with the Petition shows Petitioner as the “Township of Marion; Robert Hanvey.” Section 5 of the Petition titled “Explain the Reason for this Appeal,” states, in part, these properties were purchased by the Township. Petitioner further states it understands why Respondent filed his Motion to request clarity. However, the Township of Marion has recently elected a new Supervisor by the name of Bill Fenton and this information should be updated within this matter as the contact person for the Township of Marion. 5. The Petitioner has no authority to file a petition regarding the property in question. ANSWER: Page 2 of 3
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Petitioner denies for reasons untrue. The Township Supervisor may file a tax appeal on behalf of the Township. WHEREFORE, Petitioner respectfully requests this Honorable Tribunal to deny Respondent’s Motion to Dismiss and to enter an Order updating the Case Caption specifically Petitioner’s name to be “Township of Marion” and enter an Order updating the Petitioner Contact information to reflect the name Bill Fenton, as Supervisor of Township of Marion, in place of Robert Hanvey without the need of having to file an Amended Petition. If this Honorable Tribunal denies Petitioner’s relief requested, then in plage entering an Order in favor of Petitioner, permitting this request to Amend the Cas Cpe 10 Township within. 7 V Dated: 25 Z Fowlerville, (517) 223-3758 Page 3 of 3