Mac Twp Huntington 1939 Aff Def.pdf
The Huntington National Bank, Petitioner Vs. Township Of Macomb, Respondent · 25-001939-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL THE HUNTINGTON NATIONAL BANK, Petitioner, vs. MACOMB TOWNSHIP, Respondent. MTT Docket No. 25-001939 MICHELLE M. SILVEY (P69494) ALEX MORSE DuCharme, McMillen & Assoc. Inc. Representatives for Petitioner 9229 Delegates Row, Suite 375 Indianapolis, IN 46240 (317) 689-6467 — ofc (917) 488-7825 — mobile msilvey@dmainc.com amorse@dmainc.com TIMOTHY D. TOMLINSON (P48519) YORK, DOLAN & TOMLINSON, P.C. Attorneys for Respondent 22600 Hall Rd., Ste. 205 Clinton Township, MI 48036 (586) 263-5050 ttomlinson@yorkdolanlaw.com RESPONDENT'S AFFIRMATIVE DEFENSES NOW COMES the Respondent, Macomb Township, by and through its attorneys, York, Dolan & Tomlinson, P.C., and for its Affirmative Defenses, states as follows: I. Petitioner fails to allege specific and sufficient facts to set forth a cause of action against Respondent and to support its claim for relief. 2. Petitioner fails to allege specific and sufficient facts to establish fraud, error of law, discrimination, the application of wrong principles or illegality on the part of the Respondent. 3. Petitioner fails to allege that the mode and method of appraising its property failed to conform to the mode and method applied in the case of all of the
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10. properties in the Respondent’s taxing unit for the year in question. Petitioner fails to allege specific and sufficient facts to establish the true cash value, assessed value and taxable value of its property. Petitioner fails to allege specific and sufficient facts to support its allegation that the assessed value of its property, as equalized, is at a factor other than 50% and also fails to allege specific and sufficient facts to support is allegations that that the property’s taxable value is improper. Petitioner fails to show that any rate other than 50% after equalization was applied to the true cash value of its property, as well as to the properties of all others to arrive at the respective equalized assessments. Petitioner, in essence, asks that this Honorable Tribunal grant it an illegal preference by application of a method of assessment different from that employed in the assessment of other properties in the Respondents taxing unit. Petitioner, in essence, seeks by Petition to challenge the process of county and state equalization as to the which it has no legal standing and cannot maintain a cause of action. Any decrease in the value of Petitioner’s property was a result of its own intentional acts and/or negligence and cannot be allowed to reduce Petitioner’s otherwise equitable tax burden. Respondent has properly and lawfully assessed Petitioner’s property and established its taxable value in accordance with statutory and constitutional requirements.
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11. Respondent reserves the right to add to these Affirmative Defenses any new Affirmative Defenses that discovery reveals. WHEREFORE, Respondent respectfully requests that this Honorable Tribunal dismiss the Petition, affirm the values as determined by Respondent, and award costs and attorney fees wrongfully incurred in having to defend this matter. Respectfully submitted, YORK, DOLA TOMLINSON, P.C. TIMOTHY D. TOMLINSON (P48519) Attorneys for Respondent 22600 Hall Rd., Ste. 205 Clinton Township, MI 48036 (586) 263-5050 ttomlinson@yorkdolanlaw.com Dated: August 11,2025 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was served upon all parties to the above cause to each of the attorneys cf record herein at thelr addresses disclosed cp the pleadings on =) 2 By: [J Overnight Courier FAX [0 E mailed (0 Hand Delivered 8. Mail J E filed 0 Certified Mail Ee ed [J GCthcr Signature coors Sr [Sg 1