Full record / Answer, Affirmative Defenses and POS - Magna Check, Inc. v City of Warren (MTT 25-001894) (ID 114440).pdf

Answer, Affirmative Defenses and POS - Magna Check, Inc. v City of Warren (MTT 25-001894) (ID 114440).pdf

Magna Check Inc, Petitioner Vs. City Of Warren, Respondent · 25-001894-TT

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Page 1

STATE OF MICHIGAN 

 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

MAGNA CHECK INC, 

 

 

 

 

MTT Docket No. 25-001894 

 

 

 

 

 

 

 

 

Parcel ID Nos. 12-13-19-351-017 

 

 

Petitioner, 

 

 

 

 

-v- 

 

CITY OF WARREN, 

 

Respondent. 

___________________________________/ 

COLLIERS INTERNATIONAL 

JOSHUA T. SHILLAIR (P72674) 

Attorney for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, Michigan 48067 

(248) 226-1632 

joshua.shillair@colliers.com 

karen.cameron@colliers.com 

 

WARREN CITY ATTORNEY’S OFFICE 

MARY MICHAELS (P44601) 

CANDICE M. MAYER (P85421) 

Attorneys for Respondent 

One City Square, Suite 400 

Warren, Michigan 48093 

(586) 574-4671 

cmayer@cityofwarren.org 

______________________________________________________________________ 

 

RESPONSE TO PETITION 

 

 

Respondent, CITY OF WARREN, by and through its attorneys, MARY MICHAELS, 

Acting City Attorney, and CANDICE M. MAYER, Assistant City Attorney, in response to 

the Petition states as follows: 

1. 

Respondent admits ¶ 2, however Respondent’s records reflect Petitioner’s 

name as “Magna Chek Inc,” rather than Magna Check Inc. 

2. 

Respondent admits ¶ 2.

Page 2

3. 

Respondent admits ¶ 3. 

4. 

Respondent denies ¶ 4, as parcel no. 12-13-19-351-017 is classified as 

“Industrial - Improved.” 

5. 

Respondent admits ¶ 5. 

6. 

Respondent admits ¶ 6. 

7. 

Respondent is without knowledge or information sufficient to form a belief 

as to the truth of the allegation in ¶ 7 and therefore, leaves Petitioner to its 

proofs. 

8. 

Respondent admits ¶ 8. 

9. 

Respondent denies ¶ 9, as the True Cash Value for parcel no. 12-13-19-

351-017 is $1,079,829.00. 

10. 

Respondent denies the allegations set forth in ¶ 10a. through 10d. for the 

reason that they are untrue and therefore, leaves Petitioner to its proofs. 

11. 

Respondent lacks sufficient knowledge or information to form a belief as to 

the truth of the allegation set forth in ¶ 11 and therefore, leaves Petitioner to 

its proofs. 

12. 

Respondent lacks sufficient knowledge or information to form a belief as to 

the truth of the allegation set forth in ¶ 12 and therefore, leaves Petitioner 

to its proofs. 

13. 

Respondent lacks sufficient knowledge or information to form a belief as to 

the truth of the allegations set forth in ¶ 13 and therefore, leaves Petitioner 

to its proofs.

Page 3

WHEREFORE, Respondent, CITY OF WARREN, requests the Tribunal deny the 

requested relief, dismiss the Petition with prejudice, and award Respondent costs 

incurred by having to defend against this matter. 

Respectfully submitted, 

 

 ____________________________ 

CANDICE M. MAYER (P85421) 

Assistant City Attorney 

Attorney for Respondent 

 

Dated: August 20, 2025 

ID 114378 

 

 

Candice M. Mayer

Page 4

STATE OF MICHIGAN 

 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

MAGNA CHECK INC, 

 

 

 

 

MTT Docket No. 25-001894 

 

 

 

 

 

 

 

 

Parcel ID Nos. 12-13-19-351-017 

 

 

Petitioner, 

 

 

 

 

-v- 

 

CITY OF WARREN, 

 

Respondent. 

___________________________________/ 

COLLIERS INTERNATIONAL 

JOSHUA T. SHILLAIR (P72674) 

Attorney for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, Michigan 48067 

(248) 226-1632 

joshua.shillair@colliers.com 

karen.cameron@colliers.com 

 

WARREN CITY ATTORNEY’S OFFICE 

MARY MICHAELS (P44601) 

CANDICE M. MAYER (P85421) 

Attorneys for Respondent 

One City Square, Suite 400 

Warren, Michigan 48093 

(586) 574-4671 

cmayer@cityofwarren.org 

______________________________________________________________________ 

 

AFFIRMATIVE DEFENSES 

 

Respondent, CITY OF WARREN, by and through its attorneys, MARY MICHAELS, 

Acting City Attorney, and CANDICE MAYER, Assistant City Attorney, submit the following 

Affirmative Defenses: 

 

1. 

Petitioner failed to state any facts that would warrant relief from the 

assessment. 

2. 

This Petition is barred by laches and principles of equity. 

3. 

Petitioner failed to allege specific and sufficient facts to establish fraud, error

Page 5

of law, discrimination, application of wrong principles, or illegality on the part 

of Respondent or its agents. 

4. 

Respondent reserves the right to challenge the Petition, should taxes not be 

timely paid. 

5. 

Petitioner 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 failed to plead facts and law establishing jurisdiction of the Tribunal. 

7. 

Petitioner 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 failed to 

allege specific and sufficient facts to support its allegations that the property’s 

taxable value is improper. 

8. 

Petitioner, in essence, seeks by this petition to challenge the process of county 

and state equalization to which it has no legal standing and cannot maintain 

as cause of action. 

9. 

Respondent reserves the right to raise additional defenses as may become 

known during the course of these proceedings. 

 

 

 

 

 

Respectfully submitted, 

 

 ____________________________ 

CANDICE M. MAYER (P85421) 

Assistant City Attorney 

Attorney for Respondent 

Dated: August 20, 2025 

ID 114378 

Candice M. Mayer

Page 6

Candice M. Mayer 

STATE OF MICHIGAN 

 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

MAGNA CHECK INC, 

 

 

 

 

MTT Docket No. 25-001894 

 

 

 

 

 

 

 

 

Parcel ID Nos. 12-13-19-351-017 

 

 

Petitioner, 

 

 

 

 

-v- 

 

CITY OF WARREN, 

 

Respondent. 

___________________________________/ 

COLLIERS INTERNATIONAL 

JOSHUA T. SHILLAIR (P72674) 

Attorney for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, Michigan 48067 

(248) 226-1632 

joshua.shillair@colliers.com 

karen.cameron@colliers.com 

 

WARREN CITY ATTORNEY’S OFFICE 

MARY MICHAELS (P44601) 

CANDICE M. MAYER (P85421) 

Attorneys for Respondent 

One City Square, Suite 400 

Warren, Michigan 48093 

(586) 574-4671 

cmayer@cityofwarren.org 

______________________________________________________________________ 

 

PROOF OF SERVICE 

 

STATE OF MICHIGAN 

) 

 

 

 

 

) ss. 

COUNTY OF MACOMB 

) 

 

On the date below, I sent via email a copy of Respondent, City of Warren’s, Response to 

Petition, Affirmative Defenses and Proof of Service to: Joshua T. Shillair, Esq. at 

joshua.shillair@colliers.com and Karen Cameron at karen.cameron@colliers.com. 

 

I declare that the statements above are true to the best of my information, knowledge, and 

belief. 

 ____________________________ 

CANDICE M. MAYER (P85421) 

Dated: August 20, 2025 

 

 

 

Assistant City Attorney

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