Full record / Hastings - MBH NNN Investments LLC 26-001189 Respondent's Answer - final 8-17-26.pdf

Hastings - MBH NNN Investments LLC 26-001189 Respondent's Answer - final 8-17-26.pdf

Mbh Nnn Investments LLC Petitioner Vs. City Of Hastings Respondent · 26-001189-TT

← View full record

Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.

Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

MBH NNN Investments, LLC, 

 

 

Petitioner, 

 

v 

 

CITY OF HASTINGS, 

 

 

Respondent. 

 

MTT Docket No. 26-001189 

 

Parcel No. 08-55-140-012-00 

 

 

 

 

 

 

 

 

/ 

 

 

 

 

Brian Thomas 

Representative For Petitioner 

6615 Brotherhood Way 

Fort Wayne, IN 46825 

(260) 637-8899 

bthomas@integritytax.com 

 

 

Toby Koenig (P72367) 

BLOOM SLUGGETT, PC 

Attorneys for Respondent 

161 Ottawa Ave NW, Suite 400 

Grand Rapids, MI 49503 

(616) 965-9340 

toby@bloomsluggett.com 

 

 

 

 

 

 

 

/ 

 

 

 

 

RESPONDENT’S ANSWER TO PETITION AND AFFIRMATIVE DEFENSES 

Respondent, City of Hastings, through its attorneys hereby submits this Answer to 

Petitioner’s Petition filed in this matter. 

(1) Respondent denies the property parcel number as alleged by Petitioner in Paragraph 1 

as the correct property parcel number is 08-55-140-012-00. 

(2) Respondent admits that the subject property is real property. 

(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. 

 

(6) Admitted.

Page 2

{06982-001-00161464.1} 

2 

 

4897-9520-8647, v. 1 

(7) There are no allegations in Paragraph 7 of the Petition and therefore no response is 

required. 

 

(8) There are no allegations in Paragraph 8 of the Petition and therefore no response is 

required. 

 

(9) There are no allegations in Paragraph 9 of the Petition and therefore no response is 

required. 

 

(10) Respondent admits that the subject property is located in Barry County and further 

admits the address as alleged by Petitioner. 

 

(11) Respondent admits that the City of Hastings established the assessment at issue. 

 

(12) Respondent lacks sufficient information and/or knowledge to form a belief as to the 

truthfulness of the allegations with respect to Petitioner’s legal residence or principal office address 

and leaves Petitioner to its proofs. 

 

(13) The allegations in paragraph 13 of Petitioner’s petition merely restate Petitioner’s 

claim and therefore no response is required. 

 

(14) Respondent admits that the tax year at issue is 2026. 

 

(15) There are no allegations in Paragraph 15 of the Petition and therefore no response is 

required. 

 

(16) Respondent admits the values alleged in Paragraph 16 of the Petition reflect the 2026 

ad valorem assessment for the subject property. 

 

(17) Denied as untrue. 

 

(18) Respondent admits that Petitioner contends the values in dispute based on the 

allegations in paragraph 17; however, Respondent denies as untrue that the subject property is 

improperly assessed and denies that Petitioner is entitled to any relief. 

 

(19) Paragraph 19 contains a request for relief to which no response is required; 

Respondent denies that Petitioner is entitled to any relief, requested or otherwise. 

 

(20) Respondent admits that the subject property contains an improvement that is used as 

a car wash. Respondent denies the remaining allegations in Paragraph 20 and further denies that 

Petitioner is entitled to any relief. 

 

AFFIRMATIVE DEFENSES 

1. 

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

Page 3

{06982-001-00161464.1} 

3 

 

4897-9520-8647, v. 1 

2. 

Petitioner’s claims against Respondent are barred because the valuation methods 

used by Respondent comply with the Constitution, state law, and prevailing Michigan State Tax 

Commission procedures. 

 

3. 

Respondent’s assessment reflects 50% of the subject property’s true cash value and 

the values on the roll, including the taxable value, comply with MCL 211.27a. 

 

4. 

Petitioner may not be a party in interest capable of bringing this appeal as to the 

parcel at issue in this matter. 

 

5. 

Petitioner’s claims may be barred in whole or in part for failing to allege sufficient 

facts to invoke the Tax Tribunal’s jurisdiction. 

 

6. 

Respondent reserves the right to identify further affirmative defenses as may 

become known through discovery. 

 

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. 

 

 

 

 

Dated: August 17, 2026 

Respectfully submitted by, 

BLOOM SLUGGETT, PC 

 

/s/ Toby Koenig 

 

 

 

 

Toby Koenig (P72367) 

Attorneys for Respondent 

 

 

PROOF OF SERVICE 

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

Sluggett, PC, and that on August 17, 2026, she served a copy of Respondent’s Appearance and 

Answer to Petition and Affirmative Defenses with Proof of Service by E-mail and U.S. First Class 

mail upon: 

 

Brian Thomas 

6615 Brotherhood Way 

Fort Wayne, IN 46825 

bthomas@integritytax.com 

 

 

 

 

 

 

 

 

/s/ Tonya Voakes 

 

 

 

 

 

 

 

 

 

 

 Tonya Voakes

PDF reading copy

← View full record