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City of Saginaw Answer and Affirmative Defenses.pdf

Magnum Equities, LLC, Petitioner Vs. City Of Saginaw, Respondent · 25-001727-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

 

 

MAGNUM EQUITIES, 

 

 

Petitioner, 

 

 

 

 

 

 

 

 

MTT DOCKET NO: 25-001727 

 

 

V. 

 

 

 

 

 

CITY OF SAGINAW, a Michigan 

municipal corporation 

 

 

 

Respondent. 

 

Foley & Lardner LLP 

 

 

City of Saginaw 

By: Jason Conti (P55617) 

 

By: Amy L. Lusk (P63702), City Attorney 

Attorney for Petitioner 

 

 

Attorney for Respondent 

500 Woodward Avenue, Suite 2700 

1315 S. Washington Avenue 

Detroit, Michigan 48226 

 

 

Saginaw, Michigan 48601 

(313) 234-7177 

 

 

 

(989) 759-1404 

jconti@foley.com 

 

 

 

alusk@saginaw-mi.com 

 

 

RESPONDENT’S ANSWER TO PETITION 

 

 

Respondent, City of Saginaw, by and through its attorney, Amy L. Lusk, answers 

Petitioner’s Petition and says as follows: 

 

1. In response to the allegations of Paragraph 1, Respondent NEITHER ADMITS NOR 

DENIES and leaves Petitioner to its proofs. 

 

2. In response to the allegations of Paragraph 2, Respondent NEITHER ADMITS NOR 

DENIES and leaves Petitioner to its proofs. 

 

3. In response to the allegations of Paragraph 3, Respondent DENIES in the manner 

and form stated and for the reason same are untrue. Petitioner determined the taxable 

and assessed values of the Subject Property to be significantly less than portrayed by 

Petitioner and are as follows: 

Parcel No. 

Assessed Value 

Taxable Value 

21-4453-00000 

$255,000 

$218,923 

21-2612-00200 

$19,300 

$19,300

Page 2

4. In response to the allegations of Paragraph 4, Respondent NEITHER ADMITS NOR 

DENIES and leaves Petitioner to its proofs. 

 

5. In response to the allegations of Paragraph 5, Respondent NEITHER ADMITS NOR 

DENIES and leaves Petitioner to its proofs. 

 

6. In response to the allegations of Paragraph 6, Respondent DENIES in the manner 

and for stated and for the reason same are untrue. Respondent asserts there is no 

actionable dispute at issue. 

 

7. In response to the allegations of Paragraph 7, Respondent DENIES in the manner 

and form stated and for the reason same are untrue. Neither Petitioner, nor the prior 

owner of the Subject Property, timely filed an appeal of the tax assessment with the 

local Board of Review. Petitioner did not even acquire ownership of the Subject 

Property until June 18, 2025, and lacks standing to bring this action. 

 

8. In response to the allegations of Paragraph 8, Respondent DENIES in the manner 

and form stated and for the reason same are untrue. 

 

a. In response to the allegations of Paragraph 8a, Respondent DENIES in the 

manner and form stated and for the reason same are untrue. 

b. In response to the allegations of Paragraph 8b, Respondent DENIES in the 

manner and form stated and for the reason same are untrue. 

c. In response to the allegations of Paragraph 8c, Respondent DENIES in the 

manner and form stated and for the reason same are untrue. 

d. In response to the allegations of Paragraph 8d, Respondent DENIES in the 

manner and form stated and for the reason same are untrue. 

 

Wherefore, Respondent requests that the Tax Tribunal deny Petitioner’s request 

for relief. 

 

 

 

 

 

 

 

Respectfully submitted, 

 

Dated: September 3, 2025 

By: 

 

/s/ Amy L. Lusk 

 

 

 

 

 

 

 

 

Amy L. Lusk (P63702), City Attorney 

 

 

 

 

 

 

City of Saginaw 

 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

1315 S. Washington Avenue 

 

 

 

 

 

 

Saginaw, Michigan 48601

Page 3

RESPONDENT’S AFFIRMATIVE DEFENSES 

 

 

Respondent, City of Saginaw, by and through its attorney, Amy L. Lusk, hereby 

asserts the following as Affirmative Defenses: 

 

1. Petitioner failed to exhaust its administrative remedies. 

 

2. Petitioner failed to state a claim against Respondent upon which relief could be 

granted. 

 

3. The Tribunal lacks subject matter jurisdiction over the case. 

 

4. The Tribunal lacks personal jurisdiction over the parties. 

 

5. Petitioner has failed to file this case in the proper venue. 

 

6. Petitioner has failed to mitigate its alleged damages. 

 

7. Respondent was not properly served. 

 

8. Petitioner’s claims are barred, in whole or in part, by waiver, estoppel, laches, and/or 

unclean hands. 

 

9. Respondent is entitled to governmental immunity. 

 

10. Petitioner’s claims are barred, in whole or in part, by the applicable statute of 

limitations. 

 

11. Petitioner’s claims are barred, in whole or in part, because they are moot. 

 

12. Petitioner lacks standing to appeal the tax assessment. 

 

13. Respondent reserves the right to alter, amend, add, modify, or delete any or all of its 

affirmative defenses in this matter. 

 

Wherefore, Respondent requests that the Tax Tribunal deny Petitioner’s request 

for relief. 

 

 

 

 

 

 

Respectfully submitted, 

 

Dated: September 3, 2025 

By: 

 

/s/ Amy L. Lusk 

 

 

 

 

 

 

 

 

Amy L. Lusk (P63702), City Attorney 

 

 

 

 

 

 

City of Saginaw 

 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

1315 S. Washington Avenue 

 

 

 

 

 

 

Saginaw, Michigan 48601

Page 4

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

 

 

MAGNUM EQUITIES, 

 

 

Petitioner, 

 

 

 

 

 

 

 

 

MTT DOCKET NO: 25-001727 

 

 

V. 

 

 

 

 

 

CITY OF SAGINAW, a Michigan 

municipal corporation 

 

 

 

Respondent. 

 

Foley & Lardner LLP 

 

 

City of Saginaw 

By: Jason Conti (P55617) 

 

By: Amy L. Lusk (P63702), City Attorney 

Attorney for Petitioner 

 

 

Attorney for Respondent 

500 Woodward Avenue, Suite 2700 

1315 S. Washington Avenue 

Detroit, Michigan 48226 

 

 

Saginaw, Michigan 48601 

(313) 234-7177 

 

 

 

(989) 759-1404 

jconti@foley.com 

 

 

 

alusk@saginaw-mi.com 

 

 

 

PROOF OF SERVICE 

 

I, Amy L. Lusk, state that on September 3, 2025, I served a copy of Respondent’s 

Answer to Petition, Affirmative Defenses, and Proof of Service in the above cause via e-

filing upon the following: 

 

Michigan Tax Tribunal 

 

 

 

Attorney Jason Conti 

 

 

Dated: September 3, 2025 

 

By: 

 

/s/ Amy L. Lusk 

 

 

 

 

 

 

 

 

 

Amy L. Lusk

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