Full record / Petition for Willowbrook MF Properties re Clemens Development (Property.pdf

Petition for Willowbrook MF Properties re Clemens Development (Property.pdf

Willowbrook Mf Properties, LLC Petitioner Vs. City Of Coldwater Respondent · 26-000969-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

 

WILLOWBROOK MF PROPERTIES, LLC, 

 

 

 

Petitioner, 

 

 

 

MTT Docket No. _______________ 

v. 

 

 

 

 

 

 

 

 

 

CITY OF COLDWATER, 

 

 

 

Respondent. 

 

 

 

 

 

 

 

 

Adam J. Brody (P62035) 

Deborah I. Ondersma (P55907) 

VARNUM LLP 

Attorneys for Petitioner(s) 

333 Bridge Street, N.W. 

P.O. Box 352 

Grand Rapids, MI 49501-0352 

(616) 336-6000 

ajbrody@varnumlaw.com 

diondersma@varnumlaw.com

 

_____________________________________ 

 

PETITION 

 

Petitioner, Willowbrook MF Properties, LLC, by and through its attorneys, 

VARNUM,LLP, states the following for their Petition against Respondent, City of coldwater: 

1. 

Petitioner, Willowbrook MF Properties, LLC’s, principal place of business is 2700 

Clemens Road, Hatfield, PA 19440. 

2. 

Petitioner is the owner of and/or the party in interest with respect to the subject real 

property (the "Property") which is located in City of Coldwater, Branch County, Michigan, and is 

more particularly described as: 

Parcel No. 

 

 

 

 Property Address 

12-302-000-002-100-03 

 

421 N. Willowbrook Rd., Coldwater, MI 49036

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2 

 

3. 

Respondent, the City of Coldwater ("Respondent"), assesses, levies and collects the 

property taxes on the Property. 

4. 

The Property is located in Branch County and is located with the Coldwater 

Community Schools District. 

5. 

The Property is classified as Commercial-Improved real property. 

6. 

Because the Property is classified as commercial real property, no appeal to 

Respondent's Board of Review was required. 

7. 

The tax year(s) at issue are: 2026 

 

8. 

The Tax Year 2026 values for the Property as established by Respondent’s Board 

of Review are: 

Tax 

year

Permanent Parcel Number 

True Cash Value 

Assessed/State 

Equalized Value

Taxable 

Value

2026

12-302-000-002-100-03

$52,774,100

$26,387,050

$26,387,050

 

9. 

Petitioner contends the correct values for the Property are: 

Tax 

year

Permanent Parcel Number 

True Cash Value 

Assessed/State 

Equalized Value

Taxable 

Value

2026

12-302-000-002-100-03

$40,000,000

$20,000,000

$20,000,000

 

10. 

The values in dispute for the Property are: 

Tax 

year

Permanent Parcel Number 

True Cash Value 

Assessed/State 

Equalized Value

Taxable 

Value

2026

12-302-000-002-100-03

$12,774,100

$6,387,050

$6,387,050

 

11. 

Petitioner requests the reduction of the Property's true cash, assessed, state 

equalized and taxable value as outlined above in paragraph 9. Petitioner further requests a refund 

with interest of taxes paid due to the original, incorrect assessment and any other relief this 

Tribunal deems appropriate.

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12. 

This matter involves issues relating to (a) valuation, (b) assessment, (c) taxable 

value, (d) equal protection, and (e) uniformity. Petitioner is not aware of a dispute as to the value 

of an addition to the taxable value. 

13. 

The 2026 values imposed on the Property, and the taxes to be levied and collected 

thereon, are invalid and unlawful and operate as fraud upon the taxpayer because: 

(a) 

The assessed, state equalized, and/or taxable values exceed the amounts 

permitted by the Michigan Constitution and applicable statutes and do not 

reflect the sales of similar properties or the income potential of the Property 

or similar properties. 

 

(b) 

The assessed, state equalized and/or taxable values are at higher percentages 

of true cash value than permissible under the Michigan Constitution and 

applicable statutes. 

 

(c) 

The assessed, state equalized and/or taxable values are based upon an 

erroneous determination of the true cash value of Petitioner’s Property and 

are based upon the application of wrong principles. 

 

(d) 

The assessed, state equalized and/or taxable values, and the mode of 

assessment adopted by Respondent, discriminate against Petitioner, its 

constitutional rights of uniformity, equal protection, and due process of law. 

 

 

WHEREFORE, Petitioner requests that the Tribunal grant the following relief: 

 

A. 

Reduce the assessed, state equalized and taxable values of the Property to 

$20,000,000 and order a refund with interest; and 

 

B. 

Provide such additional relief to Petitioner as this Tribunal deems appropriate. 

 

 

 

 

 

 

 

VARNUM, LLP 

 

 

 

 

 

 

Attorneys for Petitioner 

 

Dated: May 12, 2026 

 

 

By:__/s/ Deborah I. Ondersma 

Deborah I. Ondersma (P55907) 

 

 

 

 

 

 

Business Address/Telephone: 

 

 

 

 

 

 

 

333 Bridge Street, N.W. 

 

 

 

 

 

 

 

P.O. Box 352 

 

 

 

 

 

 

 

Grand Rapids, MI 49501-0352 

 

 

 

 

 

 

 

(616) 336-6000 

 

 

 

 

 

 

 

diondersma@varnumlaw.com 

 

28803073.1

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