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25-002406.pdf

Lowes Home Centers Inc, Petitioner Vs. Township Of Delta, Respondent · 25-002406-TT

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Page 1

RECEIVED 

AUG 0 8 2025 

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

MICHIGAN TAX TRIBUNAL 

Lowe’s Home Centers, Inc., 

Petitioner, 

MTT Docket No. 25-002406 

v 

Parcel No. 23-040-016-100-280-00 

Delta Township, 

Respondent. 

/ 

MICHAEL B. SHAPIRO (P20282) 

LAURA M. HALLAHAN (P42101) 

DANIEL L. STANLEY (P57052) 

SETH A. O'LOUGHLIN (P80257) 

HONIGMAN LLP 

KELSEA M. MELCHER (P85821) 

Attorney 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 SEVERED PETITION 

AND 

AFFIRMATIVE DEFENSES 

ANSWER 

Respondent, Delta Township, by and through its attorneys, Hallahan & Associates, P.C., 

responds to the allegations made in Petitioner’s Severed Petition as follows: 

1. 

Respondent admits the allegations in Paragraph 

1 

as to the parcel number and 

parcel address but lacks the information and knowledge necessary to respond to the remainder of 

the allegations set forth and, therefore, leaves Petitioner to its proofs.

Page 2

4. 

Respondent 

admits 

the 

allegations 

in 

Paragraph 

4 

as 

to 

the 

property’s 

« classification. Respondent lacks the ability to respond to the remainder of the allegations set 

forth in Paragraph 4 as retail purposes are not defined. 

5. 

Respondent acknowledges the issues raised by Petitioner in Paragraph 

5 but 

denies that Petitioner’s claims have merit and denies Petitioner is entitled to any relief. 

6. 

Respondent acknowledges Petitioner’s belief as to a dispute relative to the value 

of a loss but denies that such a loss has occurred. 

7. 

Respondent neither admits nor denies the statement in Paragraph 7 for the reason 

that no assertion was made. In further answer, Petitioner only sets forth a hypothetical condition 

(i.e., “if P.A. 174 of 2006 requires a board of review protest 

. 

. .) but then fails to state whether or 

not a protest was made. 

8. 

Respondent denies the allegations in Paragraph 8, including all subparagraphs, 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 

constitutional. 

9. 

Respondent acknowledges the relief requested by Petitioner in the final paragraph 

of its Severed Petition but denies that Petitioner is entitled to the requested relief due to the 

statements in the above Paragraphs.

Page 3

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 1, 2025 

(248) 731-3089 

AFFIRMATIVE DEFENSES 

Respondent, Delta Township, asserts the following affirmative defenses: 

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. 

The Tribunal is charged with finding a property’s true cash value to determine the 

property’s lawful assessment. 

Alki Development Co 

v 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). 

4. 

Petitioner has failed to allege specific and sufficient facts to establish fraud, error 

of law, discrimination, application of wrong principles, or illegality on the part of Respondent or 

its agents. 

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

Page 4

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 

may become known to it during the course of these proceedings. 

HALLAHAN & ASSOCIATES, P.C. 

[s/ Laura M. Hallahan 

LAURA M. HALLAHAN (P42101) 

SETH A. O'LOUGHLIN (P80257) 

KELSEA M. MELCHER (P85821)

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PROOF OF MAILING 

On the date below 

I sent by electronic mail a copy of the foregoing Respondent’s Answer to 

Severed Petition and Affirmative Defenses to: 

Michael Shapiro, Esq. 

mshapiro@honigman.com 

Daniel L. Stanley, Esq. 

dstanley@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 1, 2025 

Kelsea M. Melcher

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HALLAHAN & ASSOCIATES, P.C. 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, Michigan 48302 

Michigan Tax Tribunal 

- P.O. Box 30232 

Lansing, M1 48909 

BO2B1125 

p——

US POS

FIR

06350F

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