Full record / The Kroger Co of Michigan v Township of Saginaw (26-001439) Respondent's Answer.pdf

The Kroger Co of Michigan v Township of Saginaw (26-001439) Respondent's Answer.pdf

The Kroger Co Of Michigan Petitioner Vs. Township Of Saginaw Respondent · 26-001439-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO OF MICHIGAN, 

Petitioner, 

v 

TOWNSHIP OF SAGINAW, 

Respondent. 

MTT Docket No.: 26-001439 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

By: 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Cameron Beckner 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 596-3260 

msilvey@dmainc.com 

amorse@dmainc.com 

cbeckner@dmainc.com 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Francis J. Keating (P39223) 

Attorneys for Respondent 

4301 Fashion Square Blvd. 

Saginaw, MI 48603 

(989) 498-2100 

frakea@braunkendrick.com 

RESPONDENT’S ANSWER TO ENTIRE TRIBUNAL PROPERTY TAX PETITION 

NOW COMES Respondent, Township of Saginaw, by and through its attorneys, Braun 

Kendrick Finkbeiner P.L.C., and for its Answer to Petition, states as follows: 

1: 

Admitted. 

2: 

Admitted. 

3; 

Admitted. 

4. 

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

truth of the allegations in paragraph 4. 

5% 

Admitted. 

4909-3541-9090, v. 1

Page 2

6. 

Respondent admits no protest to the Board of Review was required. 

7. 

Admitted. 

8. 

Admitted. 

9. 

Admitted. 

10. 

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

truth of the allegations in paragraph 10. 

11. 

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

truth of the allegations in paragraph 11. 

12. 

Admitted. 

13. 

Admitted. The Notice of Assessment for tax year 2026 is attached as Exhibit A. 

14. 

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

truth of the allegations in paragraph 14. 

Respondent denies as untrue that the current true cash 

value, state equalized value and taxable value for the subject property, are incorrect. 

15. 

Respondent admits Petitioner has correctly determined the values in contention by 

subtracting its erroneous value claims from the values determined by the Board of Review. 

16. 

Respondent denies as untrue the allegations and any implication that the current 

assessment of the subject property is incorrect. 

16a. 

Respondent denies as untrue the allegations in paragraph 16a. 

16b. 

Respondent denies as untrue the allegations in paragraph 16b. 

16¢c. 

Respondent denies as untrue the allegations in paragraph 16c. 

16d. 

Respondent denies as untrue the allegations in paragraph 16d. 

4909-3541-9090, v. 1

Page 3

NEW MATTERS AND AFFIRMATIVE DEFENSES 

1. 

Petitioner has failed to allege specific and sufficient facts to set forth a cause of 

action against Respondent. 

2. 

Petitioner has failed to allege specific and sufficient facts 

to establish fraud, 

discrimination, or illegality on the part of the Respondent. 

3. 

Petitioner may not be the real party in interest to bring this tax appeal. 

4. 

Petitioner may not have standing to bring this tax appeal. 

5. 

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. 

6. 

Respondent 

has 

properly 

and 

lawfully 

assessed 

Petitioner’s 

property 

and 

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

7. 

The subject property was uniformly assessed in accordance with Michigan law. 

8. 

Respondent reserves the right to assert additional affirmative defenses during the 

pendency of this action. 

WHEREFORE, 

Respondent, 

Township 

of Saginaw, 

respectfully 

requests 

that 

this 

Honorable Tribunal provide it with the following relief: 

A. 

Dismiss the Petition with prejudice, and award Respondent its costs and attorney 

fees wrongfully incurred in the defense of this action; and 

B. 

Provide Respondent with such other relief as the Tribunal deems appropriate. 

4909-3541-9090, v. 1

Page 4

BRAUN KE 

BEINER P.L.C. 

Dated: September 25, 2026 

BY: 

FRANCIS J, KEATING (P39223) 

Attorney for 

Respondent 

4909-3541-9090, v. 1

Page 5

EXHIBIT A

Page 6

Micha Department of Treasury, 

THIS 

IS NOT A TAX BILL 

L-4400 

Notice of Assessment, Taxable Valuation, and Property Classification 

This form Is Issued under tha authority of Public Act 206 of 1833, Sec. 211.24c and Sec.211.34c, as amended. This Is a mode] 

it notice 

to be used by the local assessor. 

FROM SAGINAW CHARTER TOWNSHIP 

PARCEL IDENTIFICATION 

TREENA CHICK, ASSESSOR 

PARCEL NUMBER: 

23-12-4-16-3008-004 

P.O. BOX 6400 

PROPERTY ADDRESS: 

SAGINAW, Mi 48608-6400 

4672 STATE ST 

SAGINAW, MI 48603 

SCHOOL DISTRICT CODE: ~~ 73040 

OWNER'S NAME & ADDRESS/PERSON NAMED ON ASSESSMENT ROLL: 

4598 STATE STREET LLC 

EXEMPTIONS 

% Exempt As "Homeowners Principal Residence”: 

00% 

265 CEDAR LANE STE 1 

% Exempt 

As "Qualified Agricultural Property": 

00% 

NECK NJ 07666 

% Exempt As "MBT Industrial Personal™: 

00% 

% Exempt As "MBT Commercial Personal: 

00% 

Exempt 

As "Disabled Veteran or Survivi 

Fi 

ial 

or 

Surviving 

OJ Yes 

No 

Exempt As "Qualified Forest Property™ 

0 Yes 

[X] 

Ne 

Exempt As "Development Property”: 

0 Yes 

x 

No 

LEGAL DESCRIPTION: 

COM AT § 

1/4 CORN OF SEC 16 TH N 00 DEG 19 MIN 30 SCDS E 44.57 FT TH N 88 DEG 06 MIN 51 SCDS W702.73 FT TO POB 

TH CONT N 88 DEG 06 MIN 51 SCDS W 601.47 FT TH N 00 DEG 10 MIN 10 SCDS E 580.19 FT TH S 88 DEG 38 MIN 57 SCDS E 

635.95 FT TH S 01 DEG 24 MIN 01 SCDS W 359.26 FT TH S 88 DEG 35 MIN 58 SCDS E 1.50 FT TH S 01 DEG 24 MIN 02 SCDS W 

ACCORDING TO MCL 211.34c THIS PROPERTY IS CLASSIFIED AS: 

201 

Commercial 

PRIOR YEAR'S CLASSIFICATION IF DIFFERENT: 

201 

Commercial 

The change in taxable value will increase/decrease your tax bill 

PRIOR AMOUNT 

CURRENT 

CHANGE FROM 

forthe 2026 

year by approximately: $7445 

- 

2028 

YEAR ve As 

CURRENT oa 

1. TAXABLE VALUE: 

4,958,006 

5,091,872 

133,866 

2. ASSESSED VALUE: 

6,771,700 

7,204,400 

3. TENTATIVE EQUALIZATION FACTOR: 

1.000 

: 

; 

4. STATE EQUALIZED VALUE (SEV): 

6,771,700 

7,204,400 

432,700 

5. WAS THERE A TRANSFER OF OWNERSHIP IN 2025 THAT RESULTED IN A TAXABLE VALUE UNCAPPING? [Yes 

6. Assessor Change Reason(s): 

Market Adjustment 

[&] No 

The 2026 Inflation rate Multiplier is: 1.027 

Questions regarding the Notice of Assessment, Taxable Valuation, and Property Classification may be directed to the Following: 

Name: 

Telephone Number: 

Email Address: 

TREENA CHICK 

989-791-9810 

ASSESSOR@SAGINAWTOWNSHIP.NET 

March Board of Review Appeal Information. The Board of Review will meet at the following dates and times: 

THE SAGINAW TOWNSHIP BOARD OF REVIEW WILL MEET 

AT THE SAGINAW CHARTER TOWNSHIP HALL, 4980 SHATTUCK 

RD, SAGINAW MI 48603. NON-RESIDENTS MAY APPEAL BY LETTER. THE HEARINGS WILL BE HELD MONDAY, MARCH 9TH, 

FROM 9:00 AM TO 12:00 PM AND FROM 1:30 PM TO 4:30 PM AND TUESDAY, MARCH 10TH FROM 1:00 PM TO 4:00 PM AND 

FROM 6:00 PM TO 9:00 PM. APPOINTMENTS AND NON-RESIDENT LETTER APPEALS WILL NOT BE ACCEPTED AFTER 5:00 

PM ON MARCH 10TH. TO SCHEDULE AN APPOINTMENT, PLEASE CALL (989)791-8810 OR VISIT THE ASSESSOR'S OFFICE.

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