Full record / 25-001962.pdf

25-001962.pdf

American House Petoskey LLC, Petitioner Vs. Township Of Bear Creek, Respondent · 25-001962-TT

← View full record

Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.

Page 1

RECEIVED 

JUL 222025 

JOEL D. WURSTER, PLC 

UNAL 

ATTORNEY 

MICHIGAN TAX TRIE 

WRIGHT CYCLE CO. BUILDING 

FACSIMILE (231) 347-4989 

214 1/2 PARK AVENUE « P.O. BOX 2450 

TELEPHONE (231) 347-4988 

PETOSKEY, MICHIGAN 49770 

July 16, 2025 

Clerk 

Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, MI 48909 

Re: 

American House Petoskey LLC v Bear Creek Township 

MTT Docket No. 25-001962 

Dear Tribunal Clerk: 

Enclosed for filing are Respondent's Answer and Affirmative Defenses and a Proof of Mailing. 

Thank you for your assistance in this regard. 

Sincerely, 

Joel D. Wurster 

enc. 

c: 

Sarah Belloli (each w/enc.) 

Dennis Keiser, Supervisor/Assessor 

Bear Creek Township

Page 2

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

American House Petoskey LLC, 

Petitioner, 

v 

Bear Creek Township, 

Respondent. 

MTT Docket No. 25-001962 

Answer and Affirmative Defenses 

Joel D. Wurster (P48708) 

Joel D. Wurster, PLC 

Attorney for respondent 

P.O. Box 2450 

Petoskey, MI 49770 

(231) 347-4988 

joel 

@jdwurster.com 

Sarah R. Belloli 

Ryan, LLC 

Petitioner’s representative 

101 West Big Beaver, Suite 945 

Troy, MI 48084 

(313) 230-0104 

Sarah.Belloli@Ryan.com 

ANSWER 

Bear Creek Township, (“BCT”) through its attorney, states as follows for its answer to 

the petition in this case: 

1. 

No contest. 

2. 

No contest. 

3. 

No allegation made; not applicable. 

4. 

No allegation made; not applicable. 

5. 

No allegation made; not applicable. 

6. 

No contest.

Page 3

10. 

No contest. 

11. 

No contest. 

12. 

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

truth of the allegations of this paragraph. 

13. 

Respondent admits that the appeal involves issues related only to the property’s 

true cash and taxable values and that there is no dispute as to the value of an addition or loss. 

14. 

No contest. 

15. 

No allegation made; not applicable. 

16. 

No contest. 

17. 

Petitioner’s contentions of value are disputed and denied as untrue. 

18. 

No contest as to the values in dispute for the subject property. 

19. 

Bear Creek Township requests that petitioner’s appeal be denied and that the 

township be awarded its costs in responding to this appeal. 

20. 

The allegations of this paragraph, including all subparagraphs, are disputed and 

denied as untrue. 

Dated: July 16 , 2025 

Joel D. Wurster (P48708) 

Joel D. Wurster, PLC 

Attorney for Bear Creek Township

Page 4

AFFIRMATIVE DEFENSES 

Bear Creek Township states as follows for its affirmative defenses: 

1. 

Petitioner's claim should be dismissed for the reason that it fails to state a claim 

upon which relief can be granted. 

2. 

Petitioner’s claims should be barred and dismissed to the extent that the filing or 

service of its petition or the pursuit of its appeal is untimely. 

3. 

Petitioner’s claims should be barred and dismissed to the extent that the service of 

its petition was improper or incomplete. 

4. 

Petitioner’s claims should be barred and dismissed to the extent it is not a proper 

party in interest. 

5. 

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

of law, discrimination, application of wrongful principles, or illegality on the part of respondent 

or its representatives. 

6. 

Petitioner has 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 at issue. 

7. 

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.

Page 5

9. 

Petitioner is asking the Tribunal to grant an illegal preference by application of a 

method of assessment different from that employed in the assessment of other properties in 

respondent’s taxing unit. 

10. 

Petitioner seeks by petition to challenge the process of county and state 

equalization as to which it has no legal standing and cannot maintain a cause of action. 

11. 

A decrease in the value of petitioner’s propetty is a result of its own intentional 

acts and/or negligence and cannot be allowed to reduce petitioner’s otherwise equitable tax 

burden. 

12. 

Respondent has properly and lawfully assessed the subject property and 

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

13. 

Respondent reserves the right to amend its affirmative defenses during the course 

of this case. 

Dated: July 16, 2025 

Joel D. Wurster (P48708) 

Joel D, Wurster, PLC 

Attorney for Bear Creek Township 

P.O. Box 2450 

Petoskey, MI 49770 

(231) 347-4988 

joel@jdwurster.com

Page 6

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

American House Petoskey LLC, 

Petitioner, 

v 

MTT Docket No. 25-001962 

Bear Creek Township, 

Answer and Affirmative Defenses 

Respondent. 

Joel D. Wurster (P48708) 

Sarah R. Belloli 

Joel D. Wurster, PLC 

Ryan, LL.C 

Attorney for respondent 

Petitioner’s representative 

P.O. Box 2450 

101 West Big Beaver, Suite 945 

Petoskey, MI 49770 

Troy, MI 48084 

(231) 347-4988 

(313) 230-0104 

joel @jdwurster.com 

Sarah. Belloli@Ryan.com 

PROOF OF MAILING 

On the date below, I sent by first class mail a copy of respondent’s Answer and 

Affirmative Defenses and this Proof of Mailing to: 

Sarah R. Belloli 

Ryan, LLC 

101 West Big Beaver, Suite 945 

Troy, M148084 

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

belief. 

Dated: 

July 16. 2025 

Joel D. Wurster

Page 7

JOEL D. 

WURSTER, PLC 

ATTORNEY" 

PO. Box 2450 

* 

214 % PARK AVENUE 

PETOSKEY, MICHIGAN 49770 

FOREVER 

Clerk 

Michigan Tax Terhonal 

P.0. Box 30232 

Lansing, MT Hg909 

i leeds 

yyy Typed fang 

psd 

digg pois]

PDF reading copy

← View full record