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Sam's Real Estate Business Trust, Petitioner Vs. Township Of Garfield, Respondent · 25-002390-TT

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Page 1

RECEIVED 

STATE OF MICHIGAN 

AUG 01 2025 

MICHIGAN TAX TRIBUNAL 

" ICHIGAN Tax TRIBUNAL 

SAM’S REAL ESTATE BUSINESS TRUST, 

Petitioner, 

Docket No. 25-002390 

\ 

Parcel No. 28-05-021-047-00 

GARFIELD TOWNSHIP — GRAND 

TRAVERSE, 

Respondent. 

/ 

MICHAEL B. SHAPIRO (P20282) 

LAURA M. HALLAHAN (P42101) 

DANIEL L. STANLEY (P57052) 

SETH A. O'LOUGHLIN (P80257) 

HONIGMAN LLP 

KELSEA M. MELCHER (P85821) 

Attorneys for Petitioner 

HALLAHAN & ASSOCIATES, P.C. 

39400 Woodward Avenue, Suite 101 

Attorneys for Respondent 

Bloomfield Hills, MI 48304-5151 

1750 S. Telegraph Road, Suite 202 

(313) 465-7622 

Bloomfield Hills, MI 48302 

(248) 731-3089 

ANSWER TO SEVERED PETITION 

AND 

AFFIRMATIVE DEFENSES 

ANSWER 

Respondent, Garfield Township, by and through its attorneys, Hallahan & Associates, P.C., 

responds to the allegations made in Petitioner’s Petition as follows: 

1. 

Respondent lacks the information and knowledge necessary to respond to the truth 

of the allegations set forth in Paragraph 

1 and, therefore, leaves Petitioner to its proofs.

Page 2

4. 

Respondent admits that subject property is classified as commercial real property. 

With respect 

to the remaining allegations 

in Paragraph 

4, Respondent lacks knowledge or 

information sufficient to form a belief as to the truth of the allegations contained therein and leaves 

Petitioner to its proofs. 

5. 

Respondent acknowledges the issues raised by Petitioner in Paragraph 5 but denies 

that Petitioner’s claims have merit and denies Petitioner is entitled to any relief. 

6. 

Respondent acknowledges Petitioner’s belief of a dispute relative to the value of a 

loss but denies that any such loss has occurred. 

7. 

Respondent neither admits nor denies the statement in Paragraph 7 for the reason 

that no assertion was made. In further answer, Petitioner only sets forth a hypothetical condition 

(i.e, “if P.A. 174 of 2006 requires a board of review protest 

. 

. 

. .””) but then fails to state whether 

or not a protest was made. 

8. 

Respondent denies the allegations in Paragraph 8, including subparagraphs (a)-(d), 

for the reason that the same are untrue. In further answer, the assessed, state equalized and/or 

taxable values do not exceed permitted amounts, do not exceed the percentage of true cash value 

permitted by law, were correctly determined and are based upon correct application of proper 

principles, and the values and Respondent’s mode of assessment are non-discriminatory and 

constitutional. 

9. 

Respondent acknowledges the relief requested by Petitioner in the final paragraph 

of the Petition but denies that Petitioner is entitled to the requested relief due to the statements in 

the above Paragraphs.

Page 3

WHEREFORE, 

Respondent, 

Garfield Township, 

requests 

the 

Tribunal 

dismiss 

the 

Petition, affirm Respondent’s assessed and taxable values, subject to county and state equalization, 

and award Respondent its costs and attorney fees. 

HALLAHAN & ASSOCIATES, P.C. 

/s/Laura M. Hallahan 

LAURA M. HALLAHAN (P42101) 

SETH A. O'LOUGHLIN (P80257) 

KELSEA M. MELCHER (P85821) 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

Dated: 

July 28, 2025 

(248) 731-3089 

AFFIRMATIVE DEFENSES 

Respondent, Garfield Township, 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. Alki Development 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 (1974). 

4. 

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 Respondent or 

its agents.

Page 4

6. 

Petitioner has 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 all 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. 

7. 

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. 

8. 

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. 

9. 

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. 

10. 

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. 

11. 

Respondent 

has 

properly 

and 

lawfully 

assessed 

Petitioner’s 

property 

and 

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

12. 

Petitioner has failed to pursue its appeal in a timely fashion. 

13. 

Respondent reserves the right to raise additional affirmative defenses as the same 

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

Page 5

HALLAHAN & ASSOCIATES, P.C. 

/s/ Laura M. Hallahan 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

KELSEA M. MELCHER (P85821) 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

Date: July 28, 2025 

(248) 731-3089 

PROOF OF MAILING 

On the date below I sent by electronic mail a copy of the foregoing Respondent’s Answer to Severed 

Petition and Affirmative Defenses to: 

Michael B. Shapiro, Esq. 

mshapiro@honigman.com 

Daniel L. Stanley 

dstanley@honigman.com 

1 declare that the statement above is true to the best of my information, knowledge and belief. 

/s/Kelsea M. Melcher 

Dated: July 28, 2025 

Kelsea M. Melcher

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11 480 

HALLAHAN & ASSOCIATES, P.C. 

A 

METBODL 

EX MT 43 

1750 S. Telegraph Road, Suite 202 

- po

Bloomfield Hills, Michigan 48302 

20 WM 202% PML 

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» 

063S

B 

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F

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Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, MI 48909

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