Joint Motion to Transfer_AMS Ford 2_FINAL.pdf

Ams Ford 2 LLC, Petitioner V City Of Dearborn, Respondent · 24-003469-TT

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STATE OF MICHIGAN

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

MICHIGAN TAX TRIBUNAL

AMS FORD 2 LLC,

Petitioner,

CITY OF DEARBORN,

Respondent.

Docket No. 24-003469

_____________________________________________________________________________/

LAURA M. HALLAHAN (P42101)

SETH A. O’LOUGHLIN (P80257)

KELSEA M. MELCHER (P85821)

HALLAHAN & ASSOCIATES, P.C.

Attorneys for Petitioner

1750 S. Telegraph Road, Suite 202

Bloomfield Hills, MI 48302

(248) 731-3089

JEREMY J. ROMER (P77287)

CITY OF DEARBORN

Attorney for Respondent

16901 Michigan Avenue, Suite 14

Dearborn, MI 48126

(313) 943-2035

_____________________________________________________________________________/

JOINT MOTION TO TRANSFER APPEAL TO ENTIRE TRIBUNAL DIVISION

Petitioner and Respondent, by and through their respective attorneys, state the following

in support of the above captioned Motion:

The above captioned appeal involves three contiguous commercial parcels located

in the City of Dearborn. The combined 2024 taxable value of these three contiguous parcels as

established by Respondent’s Board of Review exceeds $3.3 million.

The appeal is currently pending in the small claims division where it was originally

filed.

The parties have discussed the appeal since its filing, and the retention of new

counsel for Petitioner, and believe it would be more appropriate to have the case proceed in the

entire tribunal division for several reasons.

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To begin, as a commercial property spanning three parcels a 30-minute hearing is

impractical to resolve this valuation matter should a hearing be deemed necessary.

Second, placing the case in the entire tribunal division would allow for more

efficient discovery between the parties. The conduction of which may assist the parties in reaching

an amicable resolution to the above captioned appeal.

Third, the preparation of valuation disclosures and the conduction of an entire

tribunal hearing, if necessary, should provide the parties with sufficient opportunity to present

expert witness testimony regarding the value of each parcel at issue and, consequently, provide the

Tribunal with the evidence it needs to make an independent determination of value.

Finally, the above captioned appeal should be moved to the Entire Tribunal as it

appears that the parties’ final contentions of taxable value in dispute will likely exceed $100,000—

depriving the small claims division of jurisdiction over this matter pursuant to TTR 263 and MCL

205.762.

The total taxable value in dispute for all three parcels at issue based on the values

alleged in Petitioner’s Petition exceeds the $100,000 threshold. Additionally, Petitioner’s recently

retained legal counsel believes Petitioner’s contentions of value as set forth in its Petition may be

overstated—resulting in further disparity in the parties’ taxable value contentions. Accordingly,

the above captioned appeal should be moved to the entire tribunal division at this stage of the

proceedings to ensure that the parties, as well as the Tribunal, do not incur time and expense

adjudicating this matter only for the small claims division to be left without jurisdiction to issue a

final decision—requiring the above captioned appeal be moved to the entire tribunal division at

the eleventh hour.

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TTR 273(1) allows for the requested relief and no hearing notice has been issued

in the case. As Respondent has not filed an Answer, no costs have been incurred to Respondent in

that respect furthering demonstrating the efficiency and practicality of a transfer at this stage of

the proceedings.

10.

In short, the parties believe that transferring the case to the entire tribunal division

is in the interest of the efficient administration of justice, will aid the parties and the Tribunal, and

will aid in the efficient handling of the case. There is good cause to grant the requested relief.

WHEREFORE, the parties jointly request that this Honorable Tribunal enter an Order:

A. Granting the parties’ Joint Motion to Transfer and reassign the above

captioned matter to the Entire Tribunal Division;

B. Requiring Petitioner file an Entire Tribunal Petition, proof of service, as

well as pay the applicable difference in the required filing fee within 14

days of the Order; and

C. Affirming that no costs be awarded to Respondent as part of the transfer.

Respectfully Submitted,

By:_/s/ Laura M. Hallahan__________