Full record / Answer and Affirmative Defenses - East Jordan Foundry v Warner Twp. - 10.9.26.pdf

Answer and Affirmative Defenses - East Jordan Foundry v Warner Twp. - 10.9.26.pdf

East Jordan Foundry LLC Petitioner Vs. Township Of Warner Respondent, Michigan Department Of Treasury Intervening Respondent · 26-001195-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

EAST JORDAN FOUNDRY, LLC, 

 

 

 

Petitioner, 

 

 

 

 

 

v 

 

 

 

 

 

 

 

 MTT Docket No. 26-001195-TT 

 

WARNER TOWNSHIP, 

 

 

Respondent, 

 

and 

 

THE MICHIGAN DEPARTMENT OF 

TREASURY, 

 

 

Intervenor-Respondent. 

_____________________________________________________________________________/

 

Edward U. Blanchard 

Benjamin Buoscio 

Deloitte Tax, LLP 

Representatives for Petitioner 

2200 Ross Ave., Ste. 1600 

Dallas, TX 75201 

(313) 597-4765 

 

 

 

 

 

 

 

 

 

 

 

Robert E. Thall (P46421) 

Bauckham, Thall, Seeber, Kaufman & 

Koches, P.C. 

Attorney for Respondent 

470 W. Centre Ave., Suite A 

Portage, MI 49024-5362 

269-382-4500 

thall@michigantownshiplaw.com 

 

B. Thomas Golden (P70822) 

Assistant Attorney General 

Revenue and Tax Division 

Attorney for Intervenor-Respondent 

P.O. Box 30754 

Lansing, MI 48909 

(517) 335-7584 

goldent2@michigan.gov 

_____________________________________________________________________________/ 

 

INTERVENOR-RESPONDENT MICHIGAN DEPARTMENT OF 

TREASURY’S ANSWER TO PETITION

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The Michigan Department of Treasury (Treasury), through its counsel, 

Assistant Attorney General B. Thomas Golden, states for its Response to the 

Petition, related to Parcel Nos. 05-15-975-001-00 and 05-15-022-003-01 (collectively, 

the “Subject Property”) as follows: 

1. 

Treasury admits the allegations in paragraph 1 based upon the Tribunal’s 

online docket. 

2. 

Treasury admits the allegations in paragraph 2 based upon the Tribunal’s 

online docket. 

3. 

Treasury admits the allegations in paragraph 3. 

4. 

Treasury admits the allegations in paragraph 4. 

5. 

Treasury admits the allegations in paragraph 5. 

6. 

Treasury admits that the Subject Property is located within Antrim 

County, but denies the remaining allegations in paragraph 6 and further 

states that its records indicate that the Subject Parcel is within the 

Gaylord Community School District. 

7. 

Treasury neither admits nor denies the allegations in paragraph 7; the 

bolded term “Jurisdiction” appears to be a defined term, but lacks any 

definition. As such, Treasury lacks knowledge or information sufficient to 

form a belief as to the truth of the matter asserted and leaves Petitioner 

to its proofs. 

8. 

Treasury admits that the parcel number 05-15-975-001-00 is at issue in 

this case and that parcel number 05-15-975-001-00 is classified as

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industrial real property. Treasury denies that parcel number 05-15-015-

003-01 is at issue in this case. Petitioner’s case caption, as well as 

paragraphs 11–13, identify the parcels at issue as 05-15-975-001-00 and 

05-15-022-003-01. Treasury neither admits nor denies that parcel 05-15-

015-003-01 is industrial real property because Treasury lacks knowledge 

or information sufficient to form a belief as to the truth of the matter 

asserted and leaves Petitioner to its proofs. As to the present uses of the 

parcels identified in paragraph 8, Treasury lacks knowledge or 

information sufficient to form a belief as to the truth of the matter 

asserted and leaves Petitioner to its proofs. 

9. 

Treasury neither admits nor denies the allegations of this paragraph 

because Treasury lacks knowledge or information sufficient to form a 

belief as to the truth of the matter asserted and leaves Petitioner to its 

proofs. 

10. 

Treasury admits the allegations in paragraph 10. 

11. 

Treasury admits the allegations in paragraph 11. 

12. 

Treasury admits that the Petitioner’s valuation contentions are contained 

in paragraph 12 of the Petition, but denies that the contentions of value 

are supported by fact or law. 

13. 

Treasury admits that Petitioner correctly states the values in dispute. 

14. 

Treasury denies the allegations in paragraph 14 for the reason that they 

are untrue.

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15. 

No answer is required as no claims are made. To the extent an answer is 

required, Treasury denies that Petitioner is entitled to the relief sought. 

WHEREFORE, proposed Intervenor-Respondent Michigan Department of 

Treasury asks that this Tribunal deny Petitioner’s requested relief, affirm the 

assessments as lawfully determined by Warner Township and its assessor, and 

grant Respondents such other relief as this Tribunal deems appropriate. 

AFFIRMATIVE DEFENSES 

Intervenor-Respondent, Michigan Department of Treasury, asserts the 

following affirmative defenses: 

1. 

Petitioner has failed to show that any factor other than fifty percent 

(50%) was applied to the true cash value of Petitioner’s property, or any other 

relevant property or properties in the class and fails to allege specific and sufficient 

facts to support its allegations that the property’s taxable value is improper, 

discriminatory, or lacks uniformity, or that there was any “loss” for the tax year at 

issue. 

2. 

Treasury incorporates by reference Respondent Warner Township’s 

affirmative defenses as set forth in its answer to the petition. 

3. 

Respondent Warner Township has properly and lawfully assessed 

Petitioner’s property and established its taxable value in accordance with statutory 

and constitutional requirements. 

4. 

Petitioner has failed to meet its burden of proof establishing the true 

cash value of the properties at issue in this matter.

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5. 

Treasury reserves the right to raise additional affirmative defenses as 

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

 

 

Respectfully Submitted, 

 

/s/ B. Thomas Golden 

B. Thomas Golden (P70822) 

Assistant Attorney General 

Revenue and Tax Division 

Attorney for Intervenor-Respondent 

P.O. Box 30754 

Lansing, MI 48909 

(517) 335-7584 

goldent2@michigan.gov 

Dated: October 9, 2026

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