Respondent's Answer and Affirmative Defenses with POS - 8-3-26.pdf
90 Douglas Baceline LLC Petitioner Vs. Township Of Holland Respondent · 26-001229-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL 90 DOUGLAS BACELINE, LLC, Docket No. 26-001229 Petitioner, v. Parcel No. 70-16-20-331-005 HOLLAND CHARTER TOWNSHIP, Respondent. Sarah R. Belloli Bradley J. Fisher (P64608) RYAN, LLC SCHOLTEN FANT Representative for Petitioner Attorneys for Respondent 101 West Big Beaver, Suite 945 100 N. Third St., PO Box 454 Troy, MI 48084 Grand Haven, MI 49417-0454 Phone: (313) 230-0104 Phone: (616) 842-3030 Sarah.Belloli@Ryan.com bfisher@scholtenfant.com RESPONDENT’S ANSWER TO PROPERTY TAX PETITION NOW COMES RESPONDENT, HOLLAND CHARTER TOWNSHIP, by and through its attorneys, Scholten Fant, and for its Answer to Petitioner’s Property Tax Petition, states as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Not applicable. 4. Not applicable. S. Not applicable. 6. Admitted upon information and belief. 7. Admitted upon information and belief.
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8. Not applicable. 9. Not applicable. 10. Admitted upon information and belief. 11. Admitted. 12. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief and, therefore, leaves Petitioner to its proofs. 13. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief and, therefore, leaves Petitioner to its proofs. 14. Admitted upon information and belief. 15. Not applicable. 16. Admitted upon information and belief. 17. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief and, therefore, leaves Petitioner to its proofs. 18. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief and, therefore, leaves Petitioner to its proofs. 19. Respondent Holland Charter Township respectfully requests that the Tribunal deny Petitioner its requested relief, affirm Respondent’s assessment of the subject property, award Respondent its costs and attorney’s fees in responding to this action and award such further relief as it deems appropriate under the circumstances. 20. Denied as untrue. a. Denied as untrue. b. Denied as untrue. WHEREFORE, Respondent Holland Charter Township respectfully requests that the Tribunal deny Petitioner its requested relief, affirm Respondent’s assessment of the subject 2
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property, award Respondent its costs and attorney’s fees in responding to this action and award such further relief as it deems appropriate under the circumstances. Respectfully-supmitted, SCHOLTEN FANT Dated: August 3, 2026 Bradley J. Fisher-(P64608) Attorneys for Respondent Holland Charter Township AFFIRMATIVE DEFENSES TO PETITIONER’S PROPERTY TAX PETITION NOW COMES HOLLAND CHARTER TOWNSHIP, by and through its attorneys, Scholten Fant, and hereby offers the following Affirmative Defenses to the Petitioner’s Property Tax Petition: 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 state a claim upon which relief can be granted. 3: Petitioner may not be a proper party-in-interest. 4. Petitioner may not have standing to appeal. 5. The Tribunal may lack subject matter jurisdiction over this appeal. 6. 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, such that Petitioner is precluded from appealing its property values, and, such that Respondent should be awarded damages. iI. Respondent reserves the right to add additional affirmative defenses as they become known to it through discovery in this matter. WHEREFORE, Respondent requests that the Tribunal affirm the assessed and taxable values as determined by Respondent, to dismiss the Petition, and award Respondent its costs, 7 J
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attorney fees and any other relief that the Tribunal determines is fair, just and equitable. Dated: August 3, 2026 Bradley J. Fisher (P64608) Attorneys for Respondent Holland Charter Township
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL 90 DOUGLAS BACELINE, LLC, Docket No. 26-001229 Petitioner, v. Parcel No. 70-16-20-331-005 HOLLAND CHARTER TOWNSHIP, Respondent. Sarah R. Belloli Bradley J. Fisher (P64608) RYAN, LLC SCHOLTEN FANT Representative for Petitioner Attorneys for Respondent 101 West Big Beaver, Suite 945 100 N. Third St., PO Box 454 Troy, MI 48084 Grand Haven, MI 49417-0454 Phone: (313) 230-0104 Phone: (616) 842-3030 Sarah.Belloli@Ryan.com bfisher@scholtenfant.com PROOF OF SERVICE The undersigned certifies that a copy of the Appearance and Respondent's Answer to Property Tax Petition and Affirmative Defenses to Petitioner's Property Tax Petition was e-filed with the Michigan Tax Tribunal and served upon all parties and/or attorneys of record to this action to their addresses as disclosed by the pleadings, on August 3, 2026, via U.S. Mail First Class, from Grand Haven, Michigan, with postage thereon fully prepaid. Dated: August 3, 2026 Legal Assistant to Bradley J. Fisher