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Respondent's Answers and Affirmative Defenses - Tim Donut v Mt Pleasant.pdf

Tim Donut US Ltd Inc Petitioner Vs. City Of Mt Pleasant Respondent · 26-001443-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

______________________ 

 

TIM DONUT US LTD INC, 

 

 

Petitioner, 

 

v. 

 

CITY OF MT PLEASANT, 

 

 

Respondent. 

MTT Docket No. 26-001443 

 

Parcel ID No. 17-000-17905-00 

______________________________________________________________________________ 

 

Joshua T. Shillair. Esq. (P72674) 

COLLIERS INTERNATIONAL 

Representative for Petitioner 

400 W 4th Street, Suite 350 

Royal Oak, MI 48067 

(248) 226-1632 

joshua.shillair@colliers.com 

Michael D. Homier (P60318) 

Thomas K. Dillon (P81136) 

FOSTER SWIFT COLLINS & SMITH, P.C. 

Attorneys for Respondent 

1700 East Beltline Avenue NE, Suite 200 

Grand Rapids, MI 49525 

(616) 726-2258 

mhomier@fosterswift.com 

tdillon@fosterswift.com 

______________________________________________________________________________ 

 

RESPONDENT’S ANSWERS & AFFIRMATIVE DEFENSES TO ENTIRE TRIBUNAL 

PROPERTY TAX PETITION 

 

 

Respondent, City of Mount Pleasant, by and through its attorneys, Foster, Swift, Collins & 

Smith, P.C., states as follows for its Answer to Petitioner’s Entire Tribunal Property Tax Petition: 

1. 

The Petitioner in this matter, TIM DONUT US LTD INC, has the legal residence 

or principal office address of 130 King St W, Suite 300, Toronto, ON M5X 1E1, Canada. Petitioner 

is a party in interest with respect to property taxes on property parcel no(s). (hereinafter referenced 

as the Subject Property) 17-000-17905-00. If the Subject Property in this petition includes more 

than one (1) real property tax parcel, the Subject Property’s tax parcels are contiguous.

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ANSWER: 

Respondent neither admits nor denies the allegations contained in paragraph 

1 of the Petition as Respondent is without sufficient knowledge or information to form a 

belief as to the allegations. Respondent leaves Petitioner to its proofs. 

 

2. 

The Subject Property is located in Isabella County. 

ANSWER: Respondent admits the allegation contained in paragraph 2 of the Petition. 

 

3. 

Respondent, City of Mt Pleasant of Isabella County, assesses and collects property 

taxes on the Subject Property. 

ANSWER: 

Respondent admits the allegation contained in paragraph 3 of the Petition. 

4. 

The Subject Property is real property and is classified as Commercial. The Subject 

Property is presently used or available for use for Commercial purposes. Petitioner believes that 

the Subject Property was originally designed to be used for Commercial purposes. 

ANSWER: 

Respondent admits the allegation contained in paragraph 4 regarding the 

classification of the subject property. Respondent neither admits nor denies the remaining 

allegations contained in paragraph 4 of the Petition as Respondent is without sufficient 

knowledge or information to form a belief as to the allegations. Respondent leaves Petitioner 

to its proofs. 

 

5. 

Protest to the 2026 Board of Review was not made and is not required by law for 

the Subject Property. 

ANSWER: 

Respondent admits that no protest was made but neither admits nor denies the 

legal conclusion contained in paragraph 5 that no protest was required by law and leaves 

Petitioner to its proofs. 

 

6. 

The Subject Property’s address is: 

1004 E PICKARD ST, MT PLEASANT, MI 48858 

ANSWER: 

Respondent admits the allegation contained in paragraph 6. 

 

7. 

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

value and (d) uniformity. 

ANSWER: 

Respondent neither admits nor denies the allegation contained in paragraph 7 

of the Petition and leaves Petitioner to its proofs.

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8. 

The tax year(s) at issue are: 2026 

ANSWER: 

Respondent admits the allegation contained in paragraph 8 of the Petition. 

9. 

The values for the Subject Property as established by Respondent’s Board of 

Review are: 

Tax Year 

Parcel Number 

True Cash Value 

Assessed Value 

Taxable Value 

2026 

17-000-17905-00 

$731,000.00 

$365,500.00 

$361,709.00 

 

ANSWER: 

Respondent denies the allegations pertaining to the True Cash Value and 

Assessed Value contained in paragraph 9 of the Petition as being inaccurate. By way of 

further response, Respondent answers that the True Cash Value and Assessed Value as 

established by Respondent’s Board of Review are as follows: 

 

Tax Year 

Parcel Number 

True Cash Value 

Assessed Value 

Taxable Value 

2026 

17-000-17905-00 

$733,000.00 

$366,500.00 

$361,709.00 

 

 

10. 

The 2026 assessment, assessed value, state equalized value and taxable value 

imposed upon all parcels of the Subject Property, and the taxes to be levied and collected thereon, 

are invalid and unlawful and operate as a fraud upon the taxpayer for the reasons that: 

a. The assessment, assessed value, state equalized value and/or taxable value exceeds the 

amounts permitted by the Michigan Constitution, applicable statutes and case law; 

b. The assessment, assessed value, state equalized value and/or taxable value are at higher 

percentages of true cash value than permissible under the Michigan Constitution, 

applicable statutes and case law; 

c. The assessment, assessed value, state equalized value and/or taxable value are based 

upon an erroneous determination of the true cash value of that portion of the Subject 

Property that is taxable under Michigan law, and are based upon the application of wrong 

principles; and

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d. The assessment, assessed value, state equalized value and/or taxable value, and the mode 

of assessment adopted by Respondent, discriminate against Petitioner and denies Petitioner 

its constitutional rights to uniformity, equal protection and dues process of law. 

ANSWER: 

The preceding allegation contains a conclusion of law to which no response is 

required. To the extent that a response is required, Respondent denies the allegations. 

 

11. 

Petitioner contends that the actual values for the Subject Property are: 

Tax Year 

Parcel Number 

True Cash Value 

Assessed Value 

Taxable Value 

2026 

17-000-17905-00 

$510,400.00 

$255,200.00 

$255,200.00 

 

ANSWER: 

Respondent denies the allegations of paragraph 11 of the Petition as untrue 

and erroneous. 

 

12. 

The amount of value in contention for the Subject Property is: 

Tax Year 

Parcel Number 

Assessed Value in Contention 

2026 

17-000-17905-00 

$110,300.00 

 

ANSWER: Respondent denies the allegations of paragraph 12 of the Petition as untrue. 

 

13. 

Petitioner relies on the following specific facts to support the relief requested: 

Market sales and income data indicates that the subject property’s assessed value, state equalized 

value and taxable value exceed 50% of its actual market value. In addition, the cost less 

depreciation method Respondent utilizes to establish the Subject Property’s assessment at issue is 

not related to the Subject Property’s actual market value. 

ANSWER: 

Respondent denies the allegations contained in paragraph 13 of the Petition. 

 

AFFIRMATIVE DEFENSES 

Respondent, City of Mount Pleasant, by and through its attorneys, Foster, Swift, Collins & 

Smith, P.C., and states that it may rely on one or all of the following Affirmative Defenses: 

1. 

The appropriate methods of assessing the Subject Property were used and those 

methods conform to the methods used to assess similarly situated property in the State.

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2. 

Petitioner has failed to allege specific and sufficient facts to set forth a cause of 

action against Respondent and to support its claim for relief. 

3. 

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 the Respondent. 

4. 

Petitioner has failed to state a claim upon which relief can be granted (MCR 

2.116(C)(4) and (8)), including on, but not necessarily limited to, the following grounds: 

a. 

The Petition does not comply with the Tax Tribunal Rules TTR 227(1) and 

(2)(f). 

b. 

The Petition provides no factual basis to determine the Tribunal’s subject 

matter jurisdiction or “Petitioner’s” standing. 

c. 

The Petition provides no factual basis to determine that the assessment is 

incorrect. 

d. 

The Petitioner provides no factual basis to support the claim for different 

values. 

e. 

The Petition establishes no factual basis for relief. 

5. 

Petitioner may not be a proper party-in-interest. MCR 2.116(C)(4), (5) and (8). 

6. 

Petitioner may not have standing to appeal. MCR 2.116(C)(4), (5) and (8). 

7. 

The Tribunal may lack subject matter jurisdiction over this appeal. MCR 

2.116(C)(4) and (8). 

8. 

Petitioner may have failed to comply with state property tax law by, inter alia, 

failing to report or failing to report completely its assessable property, such that its property taxes 

were delinquent or underpaid, Petitioner is precluded from appealing its property values, and 

Respondent should be awarded damages. 

9. 

Respondent has properly and lawfully assessed Petitioner’s property and 

established its taxable value in accordance with statutory and constitutional requirements. 

10. 

Respondent reserves the right to add additional affirmative defenses as they become

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known to it through discovery in this matter. 

WHEREFORE, Respondent requests that the Tribunal affirm the assessed and taxable 

values as determined by Respondent, dismiss the Petition, and award Respondent its costs and 

attorney fees and any other relief that the Tribunal determines is fair, just, and equitable. 

 

 

 

Respectfully Submitted, 

 

 

FOSTER SWIFT COLLINS & SMITH, PC 

 

 

Attorneys for Respondent 

 

 

 

 

Dated: September 16, 2026 

By: 

____________________________________ 

Michael D. Homier (60318) 

Thomas K. Dillon (P81136) 

1700 East Beltline Ave. NE, Suite 200 

Grand Rapids, MI 49525 

(616) 726-2258 

 

85714:00045:203066040-1

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