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Answer - Divine Mercy.pdf

Divine Mercy Property LLC Petitioner Vs. City Of Eastpointe Respondent · 26-001354-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

Divine Mercy Property LLC, 

 

 

 

Petitioner, 

 

v 

 

City of Eastpointe, 

 

 

 

Respondent. 

 

 

 

MTT Docket No. 26-001354 

 

 

_____________________________________________________________________________/ 

 

JAY A. SCHWARTZ 

PROPERTY TAX REDUCTION 

SERVICES, LLC 

Representative for Petitioner 

37887 West 12 Mile Road, Suite B 

Farmington Hills, MI 48331 

(248) 672-1922 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

KELSEA M MELCHER (P85821) 

HALLAHAN & ASSOCIATES, P.C. 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

(248) 731-3089 

_____________________________________________________________________________/ 

 

ANSWER TO PETITION 

AND 

AFFIRMATIVE DEFENSES 

 

ANSWER 

 

Respondent, City of Eastpointe, by and through its attorneys, Hallahan & Associates, 

P.C., responds to the allegations made in Petitioner’s Petition as follows: 

1. 

Respondent admits the allegations in Paragraph 1. 

 

2. 

Respondent admits the allegations in Paragraph 2. 

 

3. 

Respondent admits the allegations in Paragraph 3. 

 

4. 

Respondent neither admits nor denies the allegations in Paragraph 4 for the reason 

that none are made. 

 

5. 

Respondent neither admits nor denies the allegations in Paragraph 5 for the reason 

that none are made.

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Entire Tribunal Property Tax Answer 

Page 2 of 5 

 

 

6. 

Respondent admits the allegations in Paragraph 6. 

 

7. 

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

that none are made. 

 

8. 

Respondent neither admits nor denies the allegations in Paragraph 8 for the reason 

that none are made. 

 

9. 

Respondent neither admits nor denies the allegations in Paragraph 9 for the reason 

that none are made. 

 

10. 

Respondent admits the allegations in Paragraph 10. 

 

11. 

Respondent denies the allegations in Paragraph 11 for the reason that they are 

untrue. 

 

12. 

Respondent lacks the information and knowledge necessary to respond to the 

truth of the allegations set forth in Paragraph 12 and, therefore, leaves Petitioner to its proofs. 

 

13. 

Respondent acknowledges Petitioner’s beliefs as to the issues in this appeal but 

denies that those issues have merit and further denies that Petitioner is entitled to any relief. 

 

14. 

Respondent acknowledges Petitioner’s belief as to an issue with the 2026 tax year 

but denies any issue with said tax year. 

 

15. 

Respondent neither admits nor denies the allegations in Paragraph 15 for the 

reason that none are made. 

 

16. 

The values for the property identified above as established by Respondent’s 

Board of Review are: 

 

Parcel No. 

True Cash Value 

Assessed Value 

Taxable Value 

02-14-32-330-035 

$629,200 

$314,600 

$314,600 

02-14-32-330-038 

$621,800 

$310,900 

$310,770 

 

17. 

Respondent contends that the values for the property identified above are: 

 

Parcel No. 

True Cash Value 

State Equalized Value 

Taxable Value 

02-14-32-330-035 

$629,200 

$314,600 

$314,600 

02-14-32-330-038 

$621,800 

$310,900 

$310,770 

 

18. 

The values in dispute for the property identified above are: 

 

Parcel No. 

True Cash Value 

State Equalized Value 

Taxable Value

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Entire Tribunal Property Tax Answer 

Page 3 of 5 

 

02-14-32-330-035 

$0 

$0 

$0 

02-14-32-330-038 

$0 

$0 

$0 

 

19. 

Respondent denies Petitioner is entitled to the relief requested in Paragraph 19 for 

the reasons set forth above. Furthermore, the assessed, state equalized and/or taxable values do 

not exceed permitted amounts, do not exceed the percentage for 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. 

 

20. 

Respondent denies the allegations in Paragraph 20 for the reason that the same are 

untrue. Furthermore, the assessed, state equalized and/or taxable values do not exceed permitted 

amounts, do not exceed the percentage for 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. 

 

WHEREFORE, Respondent, City of Eastpointe, 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: October 3, 2026 

(248) 731-3089 

 

 

 

AFFIRMATIVE DEFENSES 

 

Respondent, City of Eastpointe, 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.

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Entire Tribunal Property Tax Answer 

Page 4 of 5 

 

2. 

The Tribunal is charged with finding a property’s true cash value to determine the 

property’s lawful assessment. Alhi 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. 

5. 

Petitioner has failed to allege that the mode and method of assessing the subject 

property fails to conform to the mode and method applied in the case of all other properties in 

Respondent’s taxing unit for the year in question. 

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.

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Entire Tribunal Property Tax Answer 

Page 5 of 5 

 

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. 

 

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: October 3, 2026 

(248) 731-3089 

 

 

 

 

PROOF OF MAILING 

 

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

Petition and Affirmative Defenses to: 

 

Jay A. Schwartz 

jayschwartz@propertytaxreductionservices.org 

 

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

 

 

/s/ Laura M. Hallahan____________ 

Dated: October 3, 2026 

Laura M. Hallahan

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