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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 

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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: 

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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 

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