Full record / COJ - Answer to Petition, Affirmative Defenses and POS 11.20.25.pdf

COJ - Answer to Petition, Affirmative Defenses and POS 11.20.25.pdf

Fossores, Petitioner Vs. City Of Jackson, Respondent · 24-004252-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 ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

FOSSORES, 

| 

Petitioner, 

MTT Docket No. 24-004252 

-Vs- 

Parcel No. 2-005700000 

CITY OF JACKSON, 

ANSWER TO PETITION AND 

AFFIRMATIVE DEFENSES 

Respondent. 

| 

/ 

RYAN L. PHILLIPS 

JACKSON CITY ATTORNEY'S OFFICE 

Attorney for Petitioner 

BY: Matthew M. Hagerty (P66015) 

| 

180 W. Michigan Avenue, Suite 603 

Mark M. Porterfield (P57917) 

| 

Jackson, MI 49201 

Attorneys for Respondent 

(517) 796-3907 

161 W. Michigan Avenue 

(517) 788-4050 

mhagerty@cityofjackson.org 

| 

mporterfield@cityofjackson.org 

Jackson, MI 49201 

RESPONDENT CITY OF JACKSON’S 

ANSWER 

NOW COMES Respondent, City of Jackson, by and through 

its attorneys, the City 

Attorney’s Office, and for its Answer to Petitioner’s Petition, states as follows: 

1. 

Respondent admits the allegation contained in Paragraph 

1 of Petitioner’s Petition. 

2. 

Respondent admits the allegation contained in Paragraph 2 of Petitioner’s Petition. 

3. 

Petitioner did not answer Paragraph 3; therefore, Respondent cannot respond. 

4. 

Petitioner did not answer Paragraph 4; therefore, Respondent cannot respond. 

5. 

Petitioner did not answer Paragraph 5; therefore, Respondent cannot respond. 

6. 

Respondent admits the allegation contained in Paragraph 6 of Petitioner’s Petition. 

1

Page 2

7. 

Petitioner did not answer Paragraph 7; therefore, Respondent cannot respond. 

8. 

Respondent admits that the petition was submitted pursuant to order of the 

Tribunal dated October 13, 2025, assigned MTT docket no. 24-004252. 

9. 

Respondent admits that the petition was submitted pursuant to order of the Tribunal 

dated October 13, 2025, assigned MTT docket no. 24-004252. 

10. 

Respondent admits the allegation contained in Paragraph 10 of Petitioner’s Petition. 

11. 

Respondent admits the allegation contained in Paragraph 11 of Petitioner’s Petition. 

12. 

Respondent neither admits nor denies the allegation contained in Paragraph 12 of 

Petitioner’s Petition and leaves Petitioner to its proofs. 

13. 

Respondent admits that the issue on appeal involves a claimed exemption from ad 

valorem taxation and further answers that such claimed exemption was denied by this Tribunal on 

October 15, 2025 as set forth in this Tribunal’s Final Opinion and Judgment granting Respondent’s 

motion for summary disposition pursuant to MCR 2.116(C)(10) in MTT Docket No. 23-000609. 

14. 

Respondent admits the allegation contained in Paragraph 14 of Petitioner’s Petition. 

15. 

Respondent admits that the petition was submitted pursuant to order of the Tribunal 

dated October 13, 2025, assigned MTT docket no. 24-004252. 

16. 

Petitioner did not answer Paragraph 16; therefore, Respondent cannot respond. 

17. 

Petitioner denies the allegations of paragraph 17 as untrue and further states that 

the subject property was determined to not be entitled to a tax exemption as set forth in this 

Tribunal’s Final Opinion and Judgment granting Respondent’s motion for summary disposition 

pursuant to MCR 2.116(C)(10) in MTT Docket No. 23-000609. 

18. 

In response to paragraph 

18, Respondent denies that the taxable value of the 

property is $0.00 and further states that the property is fully taxable as set forth in this Tribunal’s

Page 3

Final Opinion and Judgment granting Respondent’s motion for summary disposition pursuant to 

MCR 2.116(C)(10) in MTT Docket No. 23-000609. 

19. 

Respondent denies there is an incorrect assessment of the subject property; denies 

that the subject property is entitled to a tax exemption; and further states that the subject property 

is taxable as set forth in this Tribunal’s Final Opinion and Judgment granting Respondent’s motion 

for summary disposition pursuant to MCR 2.116(C)(10) in MTT Docket No. 23-000609. 

20.(a-k, inclusive) 

~~ Respondent states that the accompanying “addendum” in support of 

Petitioner’s Petition, paragraphs a-k inclusive, merely represent the conclusions of the pleader; 

Respondent denies the allegations as untrue; and further states that the requested exemption 

is 

moot under the doctrine of res judicata as it was previously litigated and fully adjudicated in this 

Tribunal’s Final Opinion and Judgment granting Respondent’s motion for summary disposition 

pursuant to MCR 2.116(C)(10) in MTT Docket No. 23-000609. 

WHEREFORE, 

Respondent 

requests 

this 

Honorable 

Tribunal 

dismiss 

Petitioner’s 

Petition 

in 

its 

entirety based upon 

this Tribunal’s 

Final Opinion and Judgment granting 

Respondent’s motion for summary disposition pursuant to MCR 2.116(C)(10) in MTT Docket No. 

23-000609; that it assess actual costs and attorney fees against Petitioner for costs incurred in 

responding to the Petition; and further requests all other relief the Tribunal deems to be just and 

equitable. 

Respectfully submitted, 

DATED: November 20, 2025 

BY: 

:

Page 4

MATTHEW M. HAGERTY (P66015) 

MARK M. PORTERFIELD (P57917) 

Office of the City Attorney 

City of Jackson, Michigan 

161 W. Michigan Ave. 

Jackson, MI 49201 

AFFIRMATIVE DEFENSES 

NOW COMES Respondent, City of Jackson, by and through 

its attorneys, the City 

Attorney’s Office, and states the following Affirmative Defenses alternatively and consecutively: 

1. 

The subject property’s assessed, 

true 

cash, and taxable values 

are levied 

in 

accordance with the Michigan General Property Tax Act and Michigan Constitution. 

2. 

The subject property is assessed in accordance with generally accepted assessing 

standards. 

3. 

The subject property is assessed at no more than 50% of its true cash value. 

4. 

The subject property does not meet the legal exemption requirements under MCL 

211.7s or any other exemption provision of the General Property Tax Act. 

5. 

Petitioner has failed to present any genuine issue of material fact; Respondent is 

entitled to a judgment as a matter of law; and Petitioner’s claims are further barred by the doctrine 

of res judicata based upon this Tribunal’s Final Opinion and Judgment granting Respondent’s 

motion for summary disposition pursuant to MCR 2.116(C)(10) in MTT Docket No. 23-000609. 

Respectfully submitted, 

DATED: November 20, 2025 

BY:

Page 5

MATTHEW M. HAGERTY (P66015) 

MARK M. PORTERFIELD (P57917) 

Office of the City Attorney 

City of Jackson, Michigan 

161 W. Michigan Ave. 

Jackson, MI 49201 

CERTIFICATE OF SERVICE 

STATE OF MICHIGAN 

) 

)ss 

COUNTY OF JACKSON 

) 

The undersigned certifies under penalty of perjury that on November 20, 2025 she served copies 

of Respondent City of Jackson’s Answer to Petition and Affirmative Defenses upon the 

Petitioner by first class mail with postage fully prepaid to the following address: 

LAW OFFICES OF RYAN L. PHILLIPS 

Attn: Ryan L. Phillips 

180 W. Michigan Avenue, Ste. 603 

Jackson, MI 49201 

DATED: November 20, 2025 

Rtbtstmtfodtel 

ROBERTA HUBBELL

PDF reading copy

← View full record