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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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
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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
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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
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BRAUN KE BEINER P.L.C. Dated: September 25, 2026 BY: FRANCIS J, KEATING (P39223) Attorney for Respondent 4909-3541-9090, v. 1
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EXHIBIT A
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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.