Full record / Answer and Affirmative Defenses - Team One Credit Union v. Watertown Twp.pdf

Answer and Affirmative Defenses - Team One Credit Union v. Watertown Twp.pdf

Tocu, Petitioner Vs. Township Of Watertown, Respondent · 25-002624-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

 

 

TOCU, 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF WATERTOWN 

 

 

Respondent. 

 

 

MTT DOCKET NO. 25-002624 

 

PPN: 240-009-200-010-04 

 

 

 

 

 

Stephen Polter (P72591) 

POLTER LAW GROUP, PC 

Attorneys for Petitioner 

2600 West Big Beaver Rd., Suite L100 

Troy, MI 48084 

(248) 213-6800 

spolter@polterlaw.com 

 

 

 

Michael D. Homier (P60318) 

Thomas K. Dillon (P81136) 

FOSTER, SWIFT, COLLINS & SMITH, P.C. 

Attorneys for Respondent 

1700 East Beltline Ave. NE, Suite 200 

Grand Rapids, MI 49525 

(616) 726-2258 

mhomier@fosterswift.com 

tdillon@fosterswift.com 

 

 

RESPONDENT WATERTOWN TOWNSHIP’S ANSWER AND AFFIRMATIVE 

DEFENSES TO ENTIRE TRIBUNAL PROPERTY TAX PETITION 

 

 

Respondent, Watertown Township, 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 Property Parcel Number of the Property is 240-009-200-010-04. 

ANSWER: 

Respondent admits the allegation contained in paragraph 1. 

 

2. 

The property identified above is Real property. 

ANSWER: 

Respondent admits the allegation contained in paragraph 2. 

3. 

If more than one parcel of real property is under appeal, are the properties 

contiguous?

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ANSWER: 

Paragraph 3 contains no allegation to which a response is required. 

4. 

Are all of the parcels of personal property located on a parcel of real property under 

appeal? 

ANSWER: 

Paragraph 4 contains no allegation to which a response is required. 

 

5. 

If parcels of personal property are under appeal, when were the personal property 

statements filed by parcel number? 

ANSWER: 

Paragraph 5 contains no allegation to which a response is required. 

6. 

The property identified above is classified as 201 Comm. 

ANSWER: Respondent admits the allegations of paragraph 6 of the Petition. 

 7. 

If the assessment or assessments at issue were protested, the protest was made to 

Respondent’s __ March __ July __ December Board of Review. 

ANSWER: Paragraph 7 contains no allegation to which a response is required. 

8. 

If a protest was required and no protest was made, list the separate and specific 

facts upon which Petitioner relies to invoke the Tribunal’s authority over the assessment or 

assessments at issue: 

ANSWER: 

Paragraph 8 contains no allegation to which a response is required. 

9. 

If the appeal was not submitted by the deadline for the filing of an appeal for the 

classification or classifications of the properties at issue, list the separate and specific facts upon 

which Petitioner relies to invoke the Tribunal’s authority over the assessment or assessments at 

issue: 

ANSWER: 

Paragraph 9 contains no allegation to which a response is required. 

10. 

The property or properties at issue are located in Sanilac County. The property or 

properties’ address is: 625 S Sandusky, Sandusky MI. 

ANSWER: Respondent admits the allegations of paragraph 10 of the Petition.

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11. 

The assessment or assessments at issue were established by the (applicable local 

government unit): Sandusky/Watertown Twp. 

ANSWER: Respondent admits that Watertown Township established the assessment at 

issue. 

12. 

Petitioner’s legal residence or principal office address is: 

C/O TFI 

1146 E Big Beaver 

Troy, MI 48084 

 

ANSWER: Respondent is without sufficient knowledge or information to form a belief as 

to the truth of the allegations of paragraph 12 of the Petition and, therefore, neither admits 

nor denies the allegations, but leaves Petitioner to its proofs. 

 

13. 

This appeal involves issues relating to the property or properties’ true cash and 

taxable values. 

ANSWER: Respondent neither admits nor denies the allegations contained in paragraph 

13 of the Petition and leaves Petitioner to its proofs. 

 

14. 

The tax year(s) at issue are: 2025. 

ANSWER: Respondent admits the allegations of paragraph 14 of the Petition. 

15. 

If more than the current tax year is being appealed, list the separate and specific 

facts upon which Petitioner relies to invoke the Tribunal’s authority over the prior tax year or 

years. 

 ANSWER: Paragraph 15 contains no allegation to which a response is required. 

16. 

The values for the property identified above as established by Respondent’s Board 

of Review are: 

Tax Year 

True Cash Value 

Assessed Value 

Taxable Value 

2025 

608,800 

304,400 

283,215 

 

 

ANSWER: Respondent admits the allegations of paragraph 16 of the Petition.

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17. 

Petitioner contends that the values for the property identified above are: 

Tax Year 

True Cash Value 

State Equalized Value 

Taxable Value 

2025 

450,000 

225,000 

225,000 

 

ANSWER: 

Respondent denies the allegations contained in paragraph 17 of the Petition as 

untrue and erroneous. 

 

18. 

The values in dispute for the property identified above are: 

Tax Year 

True Cash Value 

State Equalized Value 

Taxable Value 

2025 

158,800 

79,400 

58,215 

 

 

ANSWER: 

Respondent denies the allegation contained in paragraph 18 of the Petition as 

untrue as the values alleged by Petitioner in paragraph 17 are inaccurate. 

 

19. 

Petitioner requests the following relief: Reduction of TCV and accordingly AV/TV 

to more reflect these accurate figures based on comps, condition, income, vacancy, etc. 

ANSWER: 

Petitioner is not entitled to the relief requested for the reason that Petitioner’s 

amounts do not reflect accurate valuations of the Subject Property. The assessed, state 

equalized and taxable values were correctly determined and are based upon the correct 

application of proper principles. 

 

 

20. 

List the separate and specific facts upon which Petitioner relies to support the relief 

requested: 

ANSWER: Paragraph 20 contains no factual allegations to which a response is required. 

 

AFFIRMATIVE DEFENSES 

 

Respondent, Watertown Township, 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. 

2. 

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

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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 

known to it through discovery in this matter.

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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: August 19, 2025 

 

 

By: 

_____________________________ 

 

 

Michael D. Homier (P60318) 

 

 

Thomas K. Dillon (P81136) 

 

 

1700 East Beltline Ave. NE, Suite 200 

 

 

Grand Rapids, MI 49525 

 

 

(616) 726-2258 

 

 

 

 

 

 

 

 

 

 

 

 

88397:00002:201832898-1

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