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Answer_MIMG 26_FINAL.pdf

Mimg Xcv Bronco Club LLC Petitioner Vs. City Of Kalamazoo Respondent · 26-002589-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

MIMG XCV BRONCO CLUB, LLC, 

Petitioner, 

v 

CITY OF KALAMAZOO, 

Respondent. 

MTT Docket No. 26-002589 

Parcel No. 06-19-483-003 

_____________________________________________________________________________/ 

STEWART L. MANDELL (P33781) 

JACKIE J. COOK (P68781) 

HONIGMAN LLP 

Attorneys for Petitioner 

2290 First National Building 

660 Woodward Avenue 

Detroit, MI 48226-3506 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

KELSEA M. MELCHER (P85821) 

HALLAHAN & ASSOCIATES, P.C. 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

(313) 465-7270 

(248) 731-3089 

_____________________________________________________________________________/

ANSWER TO PETITION 

AND 

AFFIRMATIVE DEFENSES 

ANSWER 

Respondent, City of Kalamazoo, by and through its attorneys, Hallahan & Associates, P.C., 

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

1. 

Respondent admits the allegations in Paragraph 1 as to parcel number and 

parcel address. Respondent lacks the knowledge and information necessary to respond to the 

remainder of the allegations set forth in Paragraph 1 and, therefore, leaves Petitioner to its proofs. 

2.

Respondent admits the allegations in Paragraph 2.

3.

Respondent admits the allegations in Paragraph 3.

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4. 

Respondent admits the subject property is classified as commercial improved. 

Respondent lacks the knowledge and information necessary to respond to the remainder of the 

allegations set forth in Paragraph 4 and, therefore, leaves Petitioner to its proofs. 

5. 

Respondent lacks the information and knowledge necessary to respond to the truth 

of the allegations set forth in Paragraph 5 and, therefore, leaves Petitioner to its proofs. 

6. 

Respondent acknowledges the issues raised by Petitioner in Paragraph 6 but denies

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

7. 

Respondent denies any implication the subject property experienced a loss during 

the 2025 calendar year. 

[8]. 

Respondent neither admits nor denies the allegations in Petitioner’s 

second Paragraph 7 as the General Property Tax Act speaks for itself. 

[9]. 

Respondent denies the allegations in Petitioner’s Paragraph 8 [sic], 

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 constitutional. 

[10]. 

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, City of Kalamazoo, 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.

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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 

Dated: August 7, 2026 

(248) 731-3089 

 

 

 

 

 

 

AFFIRMATIVE DEFENSES 

 

Respondent, City of Kalamazoo, 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. Alhi 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 

Respondent’s taxing unit for the year in question.

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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 

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

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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 

Dated: August 7, 2026 

(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: 

 

 

 

 

 

 

Stewart L. Mandell 

 

 

 

 

 

Honigman LLP 

 

 

 

 

 

slmandell@honigman.com 

 

Jackie J. Cook 

Honigman LLP 

jcook@honigman.com 

 

I declare that the statement above is true to the best of my information, knowledge and belief. 

 

 

/s/Kelsea M. Melcher________________ 

Dated: August 7, 2026 

Kelsea M. Melcher

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