25-002241.pdf
Lowes Home Centers Inc, Petitioner Vs. Township Of Clinton, Respondent · 25-002241-TT
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RECEIVED AUG 22 2025 STATE OF MICHIGAN Co MICHIGAN TAX TRIBUNAL iL HIGAN TAY TRIBUNAL LOWE’S HOME CENTERS, INC,, Petitioner, Docket No. 25-002241 v Parcel No. 16-11-06-101-016 CLINTON TOWNSHIP, Respondent. / MICHAEL B. SHAPIRO (P20282) LAURA M. HALLAHAN (P42101) JACKIE J. COOK (P68781) SETH A. O'LOUGHLIN (P80257) HONIGMAN LLP KELSEA A. MELCHER (P85821) Attorneys for Petitioner HALLAHAN & ASSOCIATES, P.C. 39400 Woodward Avenue, Suite 101 Attorneys for Respondent Bloomfield Hills, MI 48304-5151 1750 S. Telegraph Road, Suite 202 (313) 465-7622 Bloomfield Hills, MI 48302 (248) 731-3089 ANSWER TO PETITION AND AFFIRMATIVE DEFENSES ANSWER Respondent, Clinton Township, by and through its attorneys, Hallahan & Associates, P.C.,, responds to the allegations made in Petitioner’s Petition as follows: I. Respondent neither admits nor denies the allegations in Paragraph 1 as Petitioner’s Petition and the Tribunal’s Order speak for themselves. 2. Respondent lacks the information and knowledge necessary to respond to the truth
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3. Respondent admits the allegations in Paragraph 3 as to parcel number and parcel location. Respondent lacks the information and knowledge necessary to respond to the truth of the remainder of the allegations set forth in Paragraph 3 and, therefore, leaves Petitioner to its proofs. 4. Respondent admits the allegations in Paragraph 4. S. Respondent admits the allegations in Paragraph 5. 6. Respondent admits the allegations in Paragraph 6. 7. Upon information and belief, Respondent admits the allegations in Paragraph 7. 8. Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 8 and, therefore, leaves Petitioner to its proofs. 9. Respondent acknowledges the issues raised by Petitioner in Paragraph 9 but denies that Petitioner’s claims have merit. 10. Respondent acknowledges Petitioner’s belief as to a dispute relative to the value of a loss but denies that such a loss has occurred. 11. Respondent neither admits nor denies the allegations in Paragraph 11 as the General Property Tax Act speaks for itself. 12. Respondent denies the allegations in Paragraph 12, including subparagraphs (a)- (d), for the reason that the same are untrue. In further answer, the assessed, state equalized and/or taxable values do not exceed permitted amounts, do not exceed the percentage of true cash value permitted by law, were correctly determined and are based upon correct application of proper principles, and the values and Respondent’s mode of assessment are non-discriminatory and
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13. Respondent acknowledges the relief requested by Petitioner in the final paragraph of the Petition but denies that Petitioner is entitled to the requested relief due to the statements in the above Paragraphs. WHEREFORE, Respondent, Clinton Township, requests the Tribunal dismiss the Petition, affirm Respondent’s assessed and taxable values, subject to county and state equalization, and award Respondent its costs and attorney fees. HALLAHAN & ASSOCIATES, P.C. /s/Laura M. Hallahan LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 Dated: August 15, 2025 (248) 731-3089 AFFIRMATIVE DEFENSES Respondent, Clinton Township, asserts the following affirmative defenses: 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. The Tribunal is charged with finding a property’s true cash value to determine the property’s lawful assessment. Alki Development Cov Orion Twp, 110 Mich App 764, 767 (1981). 3. Petitioner has the burden of establishing the property’s true cash value. See MCL 205.737(3) and Kern v Pontiac Twp, 93 Mich App 612 (1974).
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5. Petitioner has 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. 6. Petitioner has 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 fails to allege specific and sufficient facts to support its allegations that the property’s taxable value is improper. 7. Petitioner asks the Tribunal to grant it preference by application of a self-chosen method of assessment contrary to the intent, purpose and law of this State. 8. Petitioner, in essence, asks the Tribunal to grant it an illegal preference by application of a method of assessment different from that employed in the assessment of other properties in Respondent’s taxing unit. 9. Petitioner, in essence, seeks by petition to challenge the process of county and state equalization as to which it has no legal standing and cannot maintain a cause of action. 10. 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. 11. Respondent has properly and lawfully assessed Petitioner's property and established its taxable value in accordance with statutory and constitutional requirements. 12. Petitioner has failed to pursue its appeal in a timely fashion. 13. Respondent reserves the right to raise additional affirmative defenses as the same
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HALLAHAN & ASSOCIATES, P.C. /s/ Laura M, Hallahan LAURA M. HALLAHAN (P42101) SETH A. O’ LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 Date: August 15, 2025 (248) 731-3089 PROOF OF MAILING On the date below I sent by electronic mail a copy of the foregoing Respondent’s Answer to Petition and Affirmative Defenses to: Michael B. Shapiro Honigman LLP mshapiro@honigman.com Jackie J. Cook Honigman LLP Jjeook@honigman.com 1 declare that the statement above is true to the best of my information, knowledge and belief. /s/Kelsea M. Melcher Dated: August 15, 2025 Kelsea M. Melcher
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stamps] HALLAHAN & ASSOCIATES, P.C. METROPLEX MI 480 $0.740 | 1750 S. Telegraph Road, Suite 202 us POSTAGE Bloomfield Hills, Michigan 48302 19 AUG 2025PM 16 L 0636000861330 > Michigan Tax Tribunal P.O. Box 30232 . ] : · Lansing, MI 48909 ° raw