Full record / Mac Twp Huntington 1913 Aff Def.pdf

Mac Twp Huntington 1913 Aff Def.pdf

The Huntington National Bank, Petitioner Vs. Township Of Macomb, Respondent · 25-001913-TT

← View full record

Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.

Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE HUNTINGTON NATIONAL BANK, 

Petitioner, 

vs. 

MACOMB TOWNSHIP, 

Respondent. 

MTT Docket No. 25-001913 

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: 

1. 

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

Page 2

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.

Page 3

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, DOLAN & TOMLINSON, P.C. 

<7 

[a 

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 ali parties to the above causa to each of the attorneys 

of record herein at thelr respective addresses disclosed cp the 

pleadings on 

=1 

2 

By: [C} Overnight Courier 

FAX 

0 Emailed 

{1 Hand Delivered 

.S. Mall 

[OJ Efled 

ere 

d 

[J Oiner 

Signaturo 

__/ 

5 

Sl;

PDF reading copy

← View full record