Full record / City of Manistee - Divine Mercy - MTT 25-003340 - Appearance and Answer - final 11-17-25.pdf

City of Manistee - Divine Mercy - MTT 25-003340 - Appearance and Answer - final 11-17-25.pdf

Divine Mercy Of Manistee Diocese Of Gaylord, Petitioner Vs. City Of Manistee, Respondent · 25-003340-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

 

DEVINE MERCY OF MANISTEE / 

DIOCESE OF GAYLORD, 

 

 

Petitioner, 

 

v 

 

CITY OF MANISTEE, 

 

 

Respondent. 

 

MTT Docket No. 25-003340 

 

 

PPN: 51-51-713-125-04 

 

____________________________/ 

 

 

 

Father James Bearss, Pastor for 

Divine Mercy Parish 

Representative for Petitioner 

611 West North Street 

Gaylord, Michigan 49735 

(231) 723-2619 

jbearss@dioceseofgaylord.org 

Toby Koenig (P72367) 

BLOOM SLUGGETT, PC 

Attorney for Respondent 

161 Ottawa Avenue NW, Suite 400 

Grand Rapids, Michigan 49503 

(616) 965-9340 

toby@bloomsluggett.com 

___________________________/ 

 

 

APPEARANCE 

 

NOW COMES attorney Toby Koenig, of the law firm of Bloom Sluggett, PC, and hereby 

enters his appearance on behalf of Respondent City of Manistee in this matter. 

 

 

 

 

 

 

 

Respectfully, 

Date: November 17, 2025 

 

 

 

/s/Toby Koenig 

Toby Koenig 

 

 

 

 

 

 

 

Bloom Sluggett, PC 

 

 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

 

161 Ottawa Ave, NW Suite 400 

 

 

 

 

 

 

 

Grand Rapids, MI 49503

Page 2

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

 

DEVINE MERCY OF MANISTEE / 

DIOCESE OF GAYLORD, 

 

 

Petitioner, 

 

v 

 

CITY OF MANISTEE, 

 

 

Respondent. 

 

MTT Docket No. 25-003340 

 

 

PPN: 51-51-713-125-04 

 

____________________________/ 

 

 

 

Father James Bearss, Pastor for 

Divine Mercy Parish 

Representative for Petitioner 

611 West North Street 

Gaylord, Michigan 49735 

(231) 723-2619 

jbearss@dioceseofgaylord.org 

Toby Koenig (P72367) 

BLOOM SLUGGETT, PC 

Attorney for Respondent 

161 Ottawa Avenue NW, Suite 400 

Grand Rapids, Michigan 49503 

(616) 965-9340 

toby@bloomsluggett.com 

___________________________/ 

 

 

ANSWER AND AFFIRMATIVE DEFENSES TO PETITION 

 

NOW COMES Respondent through its attorneys, Bloom Sluggett, PC, and hereby submits 

its Answer to Petition and Affirmative Defenses as follows: 

1. Admitted. 

 

2. Admitted. 

 

3. There are no allegations in paragraph 3 of the petition and therefore no response is 

required. 

 

4. There are no allegations in paragraph 4 of the petition and therefore no response is 

required. 

 

5. There are no allegations in paragraph 5 of the petition and therefore no response is 

required.

Page 3

2 

 

4920-7045-5161, v. 1 

6. Admitted upon information and belief. 

 

7. There are no allegations in paragraph 7 of the petition and therefore no response is 

required. 

 

8. Respondent lacks sufficient knowledge or information to form a belief as to the 

truthfulness of the allegation in paragraph 8 of the petition and therefore leaves 

Petitioner to its proofs. Respondent admits that no protest to the Board of Review 

was required. 

 

9. There are no allegations in paragraph 9 of the petition and therefore no response is 

required. 

 

10. Admitted. 

 

11. Admitted. 

 

12. Respondent lacks sufficient knowledge or information to form a belief as to the 

truthfulness of the allegation in paragraph 12 of the petition and therefore leaves 

Petitioner to its proofs. 

 

13. Paragraph 13 is simply a restatement of Petitioner’s claims and therefore no 

response is required. 

 

14. Admitted. 

 

15. There are no allegations in paragraph 15 of the petition and therefore no response 

is required. 

 

16. Denied. The correct values are as follows: AV/SEV: $478,800; TV: $478,800; TCV: 

$957,600. 

 

17. Denied as untrue. 

 

18. Denies as untrue. 

 

19. Paragraph 19 alleges the relief requested by Petitioner, to which no response is 

required. 

 

20. Respondent lacks sufficient knowledge or information to form a belief as to the 

truthfulness of the allegation in paragraph 20 of the petition and the attachment to 

the petition; therefore Respondent leaves Petitioner to its proofs.

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4920-7045-5161, v. 1 

WHEREFORE, Respondent requests that the Tribunal dismiss Petitioner’s appeal with 

prejudice, and award Respondent its costs, attorney fees, and all such further and additional relief 

as this Tribunal may deem appropriate. 

 

AFFIRMATIVE DEFENSES 

 

1. Petitioner has failed to state a claim upon which relief can be granted. 

 

2. Petitioner’s claims against Respondent are barred because the City of Manistee 

used valuation methods in compliance with the Constitution, state law, and 

prevailing State Tax Commission procedures. 

 

3. Petitioner has failed to allege facts to support standing to bring this appeal or that 

it is a proper party-in-interest. 

 

4. Petitioner has failed to allege facts to support its allegation that the taxable value of 

the subject property is improper. 

 

5. Respondent reserves the right to identify further affirmative defenses as may 

become known through discovery. 

 

 

 

 

 

 

 

 

 

Dated: November 17, 2025 

Respectfully submitted, 

 

BLOOM SLUGGETT, PC 

 

/s/ Toby Koenig 

 

 

 

Toby Koenig (P72367) 

Attorney for Respondent 

161 Ottawa Ave. NW, Suite 400 

Grand Rapids, MI 49503 

(616) 965-9340

Page 5

4 

 

4920-7045-5161, v. 1 

PROOF OF SERVICE 

Tonya Voakes, being duly sworn, deposes and says that she is employed by Bloom Sluggett, 

PC, and that on November 17, 2025, she served a copy of Respondent’s Appearance, Answer, 

Affirmative Defenses, and Proof of Service by First Class Mail, postage paid, and by electronic 

mail upon: 

Father James Bearss, Pastor for 

Divine Mercy Parish 

611 West North Street 

Gaylord, Michigan 49735 

jbearss@dioceseofgaylord.org 

 

/s/ Tonya Voakes 

 

 

 

 

 

 

 

 

 

 

 Tonya Voakes

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