City of Saginaw Answer and Affirmative Defenses.pdf
Bbc Saginaw LLC Petitioner Vs. City Of Saginaw Respondent · 26-001328-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
Page 1
STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL BBC SAGINAW LLC, Petitioner, MTT DOCKET NO: 26-001328 V. CITY OF SAGINAW, a Michigan municipal corporation Respondent. Aaron M. Fales, P.C. City of Saginaw By: Aaron M. Fales (P72864) By: Amy L. Lusk (P63702), City Attorney Attorney for Petitioner Attorney for Respondent 330 Hamilton Row, Ste. 350 1315 S. Washington Avenue Birmingham, Michigan 48009 Saginaw, Michigan 48601 (248) 767-9840 (989) 759-1404 afaleslaw@gmail.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 NEITHER ADMITS NOR DENIES and leaves Petitioner to its proofs. 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.
Page 2
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. a. In response to the allegations of Paragraph 7a, Respondent DENIES in the manner and form stated and for the reason same are untrue. b. In response to the allegations of Paragraph 7b, Respondent DENIES in the manner and form stated and for the reason same are untrue. c. In response to the allegations of Paragraph 7c, Respondent DENIES in the manner and form stated and for the reason same are untrue. d. In response to the allegations of Paragraph 7d, 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 22, 2026 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 22, 2026 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 BBC SAGINAW LLC, Petitioner, MTT DOCKET NO: 26-001328 V. CITY OF SAGINAW, a Michigan municipal corporation Respondent. Aaron M. Fales, P.C. City of Saginaw By: Aaron M. Fales (P72864) By: Amy L. Lusk (P63702), City Attorney Attorney for Petitioner Attorney for Respondent 330 Hamilton Row, Ste. 350 1315 S. Washington Avenue Birmingham, Michigan 48009 Saginaw, Michigan 48601 (248) 767-9840 (989) 759-1404 afaleslaw@gmail.com alusk@saginaw-mi.com I, Amy L. Lusk, state that on September 22, 2026, 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 Aaron Fales Dated: September 22, 2026 By: /s/ Amy L. Lusk Amy L. Lusk