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25-001727.pdf

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

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Page 1

STATE OF MICHIGAN 

RECET =D 

SEPLT 

3 

MICHIGAN TAX TRIBUNAL 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

MAGNUM EQUITIES, 

Petitioner, 

V. 

CITY OF SAGINAW, a Michigan 

municipal corporation 

Respondent. 

MTT DOCKET NO: 25-001727 

Foley & Lardner LLP 

By: Jason Conti (P55617) 

Attorney for Petitioner 

500 Woodward Avenue, Suite 2700 

Detroit, Michigan 48226 

(313) 234-7177 

jconti@foley.com 

City of Saginaw 

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

Attorney for Respondent 

1315 S. Washington Avenue 

Saginaw, Michigan 48601 

(989) 759-1404 

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 

andform stated and forthereason same are untrue. Petitionerdetermined the taxable 

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

Page 2

4. 

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

DENIES and leaves Petitioner fo 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. Respondentasserts 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, northe 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 fo the allegations of Paragraph 8b, Respondent DENIES in the 

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

c. 

In response fo 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, Respondentrequests that the Tax Tribunal deny Petitioner's request 

for relief. 

Respectfully submitted, 

Dated: September 3, 2025 

By: 

Is] Amy, £. funk, 

Amy L. Lusk (P63702), City Attorney 

City of Saginaw 

Attorney for Respondent 

1315 8. 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. 

Pelitioner 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.Respondentreserves 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: 

Isl Amrng, £. Tusk

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 

1, Amy L. Lusk, state that on September 3, 2025, 

| 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: 

Isl Amnry, £. Sus 

Amy L. Lusk 

I, Mary Malocha, state that on September 3, 2025, 

| served a copy of Respondent's Answer to 

Petition, Affirmative Defenses, and Proof of Service in the above cause via certified mail on the 

following: 

Michigan Tax Tribunal 

Attorney Jason Conti 

P.O. Box 30232 

Foley & Lardner LLP 

Lansing, Michigan 48909 

500 Woodward Avenue, Suite 2700

Page 5

CITY OF saGINAW 

1315.8 WASHINGTON AVE 

SAGINAW Mm] 48601 

Mich

L

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