MTT SCS Kroger. Ans.Affirm.POS.pdf
The Kroger Co Of Michigan Petitioner Vs. City Of St Clair, City Of St. Clair Shores Respondents · 26-001659-TT
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LAW OFFICES IHRIE O'BRIEN ALBRIGHT PERAKIS 24055 JEFFERSON AVE. ST. CLAIR SHORES, MI 48080 , SUITE 2000 TELEPHONE (586) 778-7778 STATE OF MICHIGAN DEPARTMENT OF LABOR & ECONOMIC GROWTH MICHIGAN TAX THE KROGER CO. OF MICHIGAN Petitioner, MTT Docket No. 26-001659-TT Vv. CITY OF ST. CLAIR SHORES, Respondent. / DuCharme, McMillen & Associates, Inc. Representative for Petitioner Michelle M. Silvery, P69494 9229 Delegates Row, Suite 375 Indianoplis, IN 46240 (317) 689-6467 msilvery@dmanic.com [HRIE O'BRIEN ALBRIGHT PERAKIS Attorney for Respondent By: Matthew D. Haugh, P87473 24055 Jefferson Avenue, Suite 2000 St. Clair Shores, MI 48080 (586) 778-7778 office@ihricobrienlaw.com / ANSWER TO PETITION NOW COMES Respondent, CITY OF ST. CLAIR SHORES, a Michigan municipal corporation, through its attorneys, IHRIE O'BRIEN ALBRIGHT PERAKIS, by Matthew D. Haugh, and in response to the instant petition, states as follows: I. In response to paragraph 1, Respondent admits the allegation contained therein. 2; In response to paragraph 2, Respondent admits the allegation contained therein. 1 —
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LAW OFFICES IHRIE O’BRIEN ALBRIGHT PERAKIS ST. CLAIR SHORES, MI 48080 SUITE 2000 24055 JEFFERSON AVE., TELEPHONE (586) 778-7778 10. 11. 12 13. 14. In response to paragraph 3, Respondent neither admits nor denies the allegation contained therein as it lacks sufficient information to form a reasonable belief as to the truth of the matter asserted. In response to paragraph 4, Respondent neither admits nor denies the allegation contained therein as it lacks sufficient information to form a reasonable belief as to the truth of the matter asserted. In response to paragraph 5, Respondent admits the allegation contained therein. In response to paragraph 6, Respondent neither admits nor denies the allegation contained therein as it lacks sufficient information to form a reasonable belief as to the truth of the matter asserted. In response to paragraph 7, Respondent admits the allegation contained therein. In response to paragraph 8, Respondent admits the allegation contained therein. In response to paragraph 9, Respondent admits the allegation contained therein. In response to paragraph 10, Respondent neither admits nor denies the allegation contained therein as it lacks sufficient information to form a reasonable belief as to the truth of the matter asserted. In response to paragraph 10, Respondent neither admits nor denies the allegation contained therein as it lacks sufficient information to form a reasonable belief as to the truth of the matter asserted. In response to paragraph 12, Respondent admits the allegation contained therein. In response to paragraph 13, Respondent admits the allegation contained therein. In response to paragraph 14, Respondent neither admits nor denies the allegation
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LAW OFFICES IHRIE O'BRIEN ALBRIGHT PERAKIS SUITE 2000 24055 JEFFERSON AVE., ST. CLAIR SHORES, MI 48080 TELEPHONE (586) 778-7778 contained therein as it lacks sufficient information to form a reasonable belief as to the truth of the matter asserted. 15: In response to paragraph 15, Respondent neither admits nor denies the allegation contained therein as it lacks sufficient information to form a reasonable belief as to the truth of the matter asserted. 16. In response to paragraph 16, Respondent admits the Subject Property assessment is uniform but denies that the Subject Property's values are overestimated. Stating further, Respondent denies any allegation that there is an issue with the assessment or Petitioner’s rights have been violated. WHEREFORE, Respondent, CITY OF ST. CLAIR SHORES, respectfully requests that this Honorable Tribunal dismiss the instant petition and uphold the determination of Respondent’s Assessor’s Office or, in the alternative, increase the taxable value based on evidence to be revealed during these proceedings. Respectfully submitted, IHRIE O'BRIEN ALBRIGHT PERAKIS Attorney for Respondent By: Matthew D. Haugh Matthew D. Haugh, P87473 24055 Jefferson Ave., Suite 2000 St. Clair Shores, MI 48080 Dated: October 13, 2026 (586) 778-7778
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LAW OFFICES IHRIE O'BRIEN ALBRIGHT PERAKIS 24055 JEFFERSON AVE ST. CLAIR SHORES, MI 48080 ., SUITE 2000 TELEPHONE (586) 778-7778 AFFIRMATIVE DEFENSES NOW COMES Respondent, CITY OF ST. CLAIR SHORES, a Michigan municipal corporation, through its attorneys, IHRIE O'BRIEN ALBRIGHT PERAKIS, by Matthew D. Haugh, and in support of its affirmative defenses, states as follows: I. Lack of Jurisdiction. 2 Respondent's assessment was valid. 3: Petitioner failed to comply with Tax Tribunal’s rules of practice and procedure governing the content of a petition filed with the Tax Tribunal. 4. Failure to state a claim upon which relief can be granted. 5 Respondent reserves the right to file additional defenses as information becomes known during discovery or as justice so requires. WHEREFORE, Respondent, CITY OF ST. CLAIR SHORES, respectfully requests that this Honorable Tribunal dismiss the instant petition and uphold the determination of Respondent’s Assessor’s Office or, in the alternative, increase the taxable value based on evidence to be revealed during these proceedings. Respectfully submitted, IHRIE O'BRIEN ALBRIGHT PERAKIS Attorney for Respondent By: Matthew D. Haugh Matthew D. Haugh, P87473 24055 Jefferson Ave., Suite 2000 St. Clair Shores, MI 48080 (586) 778-7778 Dated: October 13, 2026
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LAW OFFICES IHRIE O'BRIEN ALBRIGHT PERAKIS SUITE 2000 ST. CLAIR SHORES, MI 48080 24055 JEFFERSON AVE., TELEPHONE (586) 778-7778 PROOF OF SERVICE DAWN M. McNEILLY, hereby states that on October 13, 2026, I served a copy of the Answer to Petition, First Interrogatories and Requests to Produce, along with this Proof of Service by placing same in an envelope addressed to Michelle M. Silvery, 9229 Delegates Row, Suite 375, Indianapolis, IN 46240 and placing said envelope in the United States Mail, with postage fully prepaid thereon. I certify that the same is true to the best of my knowledge, information, and belief. /s/ Dawn M. McNeilly Dawn M. McNeilly IHRIE O'BRIEN ALBRIGHT PERAKIS