Full record / Z On Ladd MTT answer affirmative defense.pdf

Z On Ladd MTT answer affirmative defense.pdf

Z On Ladd LLC Petitioner Vs. City Of Walled Lake Respondent · 26-001296-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 AND REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

 

Z ON LADD LLC, 

 

 

 

 

MOAHR Docket No. 26-001296 

 

Petitioner, 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

 

 

 

CITY OF WALLED LAKE, 

 

Respondent. 

___________________________________________________________________________/ 

Jay A. Schwartz 

Representative for Petitioner 

37887 W. Twelve Mile Rd. Ste B 

Farmington Hills, MI 48331 

(248) 672-1922 

jschwartz@propertytaxreductionservices.org 

CITY OF WALLED LAKE 

Vahan C. Vanerian (P48196) 

Representative for Respondent 

1499 E. West Maple Rd. 

Walled Lake, MI 48390 

(248) 960-8899 

vvanerian@walledlake.com 

_____________________________________________________________________________/ 

 

RESPONDENT’S ANSWER TO PETITIONER’S PETITION 

 

 

NOW COMES Respondent, CITY OF WALLED LAKE, by and through its Attorney, 

VAHAN C VANERIAN, and for its Answer to Petitioner’s Petition, states as follows: 

1. Answering paragraph 1, Respondent admits the allegations therein. 

2. Answering paragraph 2, Respondent admits the allegations therein. 

3. Answering paragraph 3, Respondent neither admits nor denies the allegations therein for 

lack of sufficient knowledge or information upon which to form a belief and leaves 

Petitioner to its proofs. 

4. Answering paragraph 4, Respondent neither admits nor denies the allegations therein for 

lack of sufficient knowledge or information upon which to form a belief and leaves 

Petitioner to its proofs.

Page 2

5. Answering paragraph 5, Respondent neither admits nor denies the allegations therein for 

lack of sufficient knowledge or information upon which to form a belief and leaves 

Petitioner to its proofs. 

6. Answering paragraph 6, Respondent admits the allegations therein. 

7. Answering paragraph 7, Respondent neither admits nor denies the allegations contained 

therein for lack of sufficient knowledge or information upon which to form a belief and 

leaves Petitioner to its proofs. 

8. Answering paragraph 8, Respondent neither admits nor denies the allegations contained 

therein for lack of sufficient knowledge or information upon which to form a belief and 

leaves Petitioner to its proofs. 

9. Answering paragraph 9, Respondent neither admits nor denies the allegations contained 

therein for lack of sufficient knowledge or information upon which to form a belief and 

leaves Petitioner to its proofs. 

10. Answering paragraph 10, Respondent admits the allegations contained therein. 

11. Answering Paragraph 11, Respondent admits the allegations contained therein. 

12. Answering Paragraph 12, Respondent neither admits nor denies the allegations contained 

therein for lack of sufficient knowledge or information upon which to form a belief and 

leaves Petitioner to its proofs. 

13. Answering Paragraph 13, Respondent neither admits nor denies the allegations contained 

therein for lack of sufficient knowledge or information upon which to form a belief and 

leaves Petitioner to its proofs. 

14. Answering paragraph 14, Respondent admits the allegations contained therein.

Page 3

15. Answering Paragraph 15, Respondent neither admits nor denies the allegations contained 

therein for lack of sufficient knowledge or information upon which to form a belief and 

leaves Petitioner to its proofs. 

16. Answering Paragraph 16, Respondent admits the allegations contained therein. 

17. Answering paragraph 17, Respondent admits the petition alleges values in contention for 

the Subject Property but denies that Petitioner’s alleged contended values represent the 

actual or appropriate values for the Subject Property based on generally accepted property 

assessment principles and methods. 

18. Answering paragraph 18, Respondent neither admits nor denies the allegations contained 

therein for lack of sufficient knowledge or information upon which to form a belief and 

leaves Petitioner to its proofs. 

19. Answering paragraph 19, Respondent denies that Petitioner is entitled to the relief 

requested for the reason that the values for the Subject Property as established by 

Respondent are reasonable and appropriate and based on generally accepted property 

assessment principles and methods. 

20. Answering paragraph 20, Respondent denies the allegations contained therein for the 

reason that the same are untrue. 

WHEREFORE, Respondent, CITY OF WALLED LAKE, respectfully requests that the 

Respondent’s assessment and taxable value of the subject property be affirmed or increased, 

that a judgment of no cause for action be entered against Petitioner and in Respondent’s favor, 

and that Petitioner’s Petition be dismissed with prejudice and that Respondent be granted costs 

and attorney fees so wrongfully sustained. 

 

 

 

 

 

 

CITY OF WALLED LAKE 

 

 

 

 

 

 

 

By: 

/s/ Vahan C Vanerian_____ 

Dated: September 3, 2026 

 

 

VAHAN C VANERIAN (P48196) 

 

 

 

 

 

 

 

Attorney for Respondent

Page 4

AFFIRMATIVE DEFENSES 

 

 

NOW COMES Respondent, CITY OF WALLED LAKE, 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, application of wrong principles or illegality on the part of Respondent. 

 

3. 

Petitioner fails to allege that the mode or method of appraising its property failed 

to conform with the mode and method applied in the case of all of the properties, and/or similarly 

situated properties, in the Respondent’s taxing unit for the year in question. 

 

4. 

Petitioner fails to allege specific and sufficient facts to establish the true cash value, 

assessed value and taxable value of its property. 

 

5. 

Petitioner fails to allege specific and sufficient facts to support its allegation that 

the assessed values of its property, as equalized, is at a factor other than 50% and also fails to 

allege specific and sufficient facts to support its allegations that the property’s taxable value is 

improper. 

 

6. 

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. 

 

7. 

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. 

 

8. 

Petitioner fails to allege to the Board of Review that:

Page 5

A. 

The equalized assessment of the property is more than 50% of its true cash 

value and that the taxable value is in violation of applicable statutory and 

constitutional limitations. 

 

B. 

The property is assessed in a discriminatory manner and that the assessment 

is a higher level of true value that the average level of assessment of all 

other property within the City, excepting this property and the assessment 

on other property which is also under appeal. 

 

C. 

The assessment and taxable value are unlawful and based upon the 

application of wrong principles and thereby operate as a constructive fraud 

upon the taxpayer. 

 

The failure to raise such objections to the Respondent’s Board of Review constitutes a failure to 

exhaust the administrative remedies provided for by the General Property Tax Act, constitutes a 

waiver of any such allegations contained in the Petition, and further amounts to a failure by the 

Petitioner to appear in protest to Respondent’s Board of Review as required by the Tax Tribunal 

Act. 

 

9. 

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 Respondent’s taxing unit. 

 

10. 

Any decrease in the value of Petitioner’s property was the result of its own 

intentional acts and/or negligence and cannot be allowed to reduce an 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 manner. 

 

13. 

Any decrease in the value of the Petitioner’s property and/or income derived from 

the property is of a temporary and short-term nature due to temporary and short-term conditions

Page 6

and fluctuations and any resulting decreases in value or income are not reflective or indicative of 

the property’s true cash value. 

 

14. 

Respondent reserves the right to add additional affirmative defenses revealed 

during the course of discovery. 

 

WHEREFORE, Respondent, CITY OF WALLED LAKE, denies that Petitioner is entitled 

to the relief it seeks and respectfully requests that the Respondent’s assessment and taxable value 

of the subject property be affirmed or increased and that Petitioner’s Petition be dismissed with 

prejudice and that Respondent be granted costs and attorney fees so wrongfully sustained. 

 

CITY OF WALLED LAKE 

 

 

 

 

 

 

 

By: 

/s/ Vahan C Vanerian_________ 

 

 

 

 

 

 

 

VAHAN C VANERIAN (P48196) 

Dated: September 3, 2026 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

 

1499 E. West Maple Rd. 

Walled Lake, MI 48390 

(248) 960-8899 

vvanerian@walledlake.com

Page 7

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

 

Z ON LADD LLC, 

 

 

 

 

MOAHR Docket No. 26-001296 

 

Petitioner, 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

 

 

 

CITY OF WALLED LAKE, 

 

Respondent. 

___________________________________________________________________________/ 

Jay A. Schwartz 

Representative for Petitioner 

37887 W. Twelve Mile Rd. Ste B 

Farmington Hills, MI 48331 

(248) 672-1922 

jschwartz@propertytaxreductionservices.org 

CITY OF WALLED LAKE 

Vahan C. Vanerian (P48196) 

Representative for Respondent 

1499 E. West Maple Rd. 

Walled Lake, MI 48390 

(248) 960-8899 

vvanerian@walledlake.com 

_____________________________________________________________________________/ 

PROOF OF SERVICE 

 

 

The undersigned certifies that the Respondent’s Answer and Affirmative Defenses was 

served upon all parties to the above case as disclosed on the pleadings on September 3, 2026, via 

US mail and email. 

 

 

 

 

 

 

 

 

CITY OF WALLED LAKE 

 

 

 

 

 

 

 

 

 

 __/s/ Vahan C Vanerian____ 

 

 

 

 

 

 

 

 

 

By: Vahan c. Vanerian (P48196)

PDF reading copy

← View full record