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Response.Default.022625.pdf

Mark W Mattingly, Petitioner V Township Of Grand Blanc, Respondent · 24-003716-TT

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STATE OF MICHGIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFARIS 

MICHIGAN TAX TRIBUNAL 

SMALL CLAIMS DIVISION 

 

MARK MATTINGLY, 

 

 

 

Petitioner, 

 

 

 

MTT DOCKET NO: 24-003716 

 

vs 

 

 

 

 

 

 

 

 

GRAND BLANC TOWNSHIP, 

 

 

 

Respondent. 

 

PRO PER 

 

 

 

 

 

WILLIAM E. DELZER, PLC 

Mark W. Mattingly 

 

 

 

William E. Delzer (P68488) 

 

 

Petitioner 

 

 

 

 

 

Attorney for Respondent 

8476 Warwick Groves Court 

 

 

8332 Office Park Drive, Suite B 

Grand Blanc, Michigan 48439 

 

 

Grand Blanc, MI 48439 

(810) 569-0428 

 

 

 

 

(810) 603-1000 

ma%ng2@msu.edu 

 

 

 

wdelzer@delzerlegal.com 

______________________________________________________________________________ 

 

PROVIDING INFORMATION PERTAINING TO DEFAULT 

 

 

Grand Blanc Township (“Respondent”), through its attorneys, William E. Delzer, 

answers as follows: 

 

1. On December 11, 2024, an Answer was filed by the undersigned. 

 

2. On December 12, 2024, an Answer was filed by the Assessor for the 

Respondent. 

 

3. While both individuals are part of the Respondent’s team for this appeal, please 

refer to the first Answer provided. 

 

4. The information sent with the Second Answer will be resubmitted.

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Dated: February 26, 2025 

 

Respectfully submitted, 

 

 

 

 

 

 

 

 

DELZER LEGAL 

 

 

 

 

 

 

 

 

WILLIAM E. DELZER P68488 

 

 

 

 

 

 

 

 

Attorney for Respondent

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STATE OF MICHGIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFARIS 

MICHIGAN TAX TRIBUNAL 

 

RA SUMMIT, LLC, 

 

 

 

Petitioner, 

 

 

 

MTT DOCKET NO: 24-001194 

 

vs 

 

 

 

 

 

 

 

 

DAVISON TOWNSHIP, 

 

 

 

Respondent. 

 

HONIGMAN, LLP 

 

 

 

 

WILLIAM E. DELZER, PLC 

Stewart L. Mandell (P33781) 

 

 

William E. Delzer (P68488) 

 

 

Attorney for Petitioner 

 

 

 

Attorney for Respondent 

39400 Woodward Avenue, Suite 101 

 

8332 Office Park Drive, Suite B 

Bloomfield Hills, MI 48304-5151 

 

Grand Blanc, MI 48439 

(313) 465-7420 

 

 

 

 

(810) 603-1000 

slmandell@honigman.com 

 

 

wdelzer@delzerlegal.com 

______________________________________________________________________________ 

 

AFFIRMATIVE DEFENSES 

 

Respondent Township of Davison 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 Dev 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 (9174). 

4. 

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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5. 

Petitioner 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 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. 

6. 

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. 

7. 

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. 

8. 

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. 

9. 

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. 

10. 

Respondent has property and lawfully assessed Petitioner’s property and 

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

11. 

Respondent reserves the right to raise additional affirmative defenses as the 

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

WHEREFORE, Respondent prays that this Honorable Tribunal affirm the 2024 

assessment and taxable value of the subject property and award Respondent costs, attorney 

fees, and any other relief that this Honorable Tribunal may deem appropriate.

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Dated: June 25, 2024 

 

 

Respectfully submitted, 

 

 

 

 

 

 

 

 

WILLIAM E. DELZER PLC 

 

 

 

 

 

 

 

 

 

________________________ 

 

 

 

 

 

 

 

WILLIAM E. DELZER P68488 

 

 

 

 

 

 

 

 

Attorney for Respondent

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STATE OF MICHGIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFARIS 

MICHIGAN TAX TRIBUNAL 

 

RA SUMMIT, LLC, 

 

 

 

Petitioner, 

 

 

 

MTT DOCKET NO: 24-001194 

 

vs 

 

 

 

 

 

 

 

 

DAVISON TOWNSHIP, 

 

 

 

Respondent. 

 

HONIGMAN, LLP 

 

 

 

 

WILLIAM E. DELZER, PLC 

Stewart L. Mandell (P33781) 

 

 

William E. Delzer (P68488) 

 

 

Attorney for Petitioner 

 

 

 

Attorney for Respondent 

39400 Woodward Avenue, Suite 101 

 

8332 Office Park Drive, Suite B 

Bloomfield Hills, MI 48304-5151 

 

Grand Blanc, MI 48439 

(313) 465-7420 

 

 

 

 

(810) 603-1000 

slmandell@honigman.com 

 

 

wdelzer@delzerlegal.com 

 

PROOF OF SERVICE OF 

 ANSWER TO PETITION 

 

 

I, William E. Delzer, being duly sworn deposes and says that on June 25, 2024 he 

served a copy of Respondent’s Answer to Petition and Proof of Service by regular mail 

upon Stewart L. Mandell, attorney for petitioner, at his address of record by placing in an 

envelope and placing in a US postal receptacle with proper postage attached thereon. 

 

 

 

 

 

June 25, 2024 

 

 

 

 

 

___________________ 

 

 

 

 

 

 

 

 

William E. Delzer 

 

Subscribed and sworn before me on June 25, 2024 

Kristi L Weber 

Kristi L. Weber, Notary 

Genesee County, Michigan 

My commission expires:10-3-28

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