Ans Aff Def POS.pdf
Oakland Hills Country Club, Petitioner Vs. Township Of Bloomfield, Respondent · 26-000554-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 OAKLAND HILLS COUNTRY CLUB, Petitioner, MTT Docket No. 26-000554 v. BLOOMFIELD TOWNSHIP, Respondent. STEWART L. MANDELL (P33781) JACKIE J. COOK (P68781) Attorney for Petitioner HONIGMAN LLP 39400 Woodward Ave., Ste. 101 Bloomfield Hills, MI 48304-5151 (313) 465-7420 slmandell@honigman.com jcook@honigman.com ANTHONY K. CHUBB (P72608) STEPHEN J. HITCHCOCK (P15005) Attorneys for Respondent GIARMARCO, MULLINS & HORTON, PC 101 W. Big Beaver Road, 10th Floor Troy, Michigan 48084 (248) 457-7000 achubb@gmhlaw.com sjh@gmhlaw.com RESPONDENT'S ANSWER TO PETITION, AFFIRMATIVE DEFENSES, AND PROOF OF SERVICE NOW COMES Respondent, BLOOMFIELD TOWNSHIP, by its attorneys, GIARMARCO, MULLINS & HORTON, P.C., and for its answer to the Petition, states as follows: 1. In response to paragraph 1, Respondent neither admits nor denies same for lack of sufficient information and leaves Petitioner to its proofs. 2. In response to paragraph 2, Respondent admits the same. 3. In response to paragraph 3, Respondent admits the same. 4. In response to paragraph 4, Respondent neither admits nor denies same for lack of sufficient information and leaves Petitioner to its proofs. 5. In response to paragraph 5, Respondent denies same as being untrue.
Page 2
6. No paragraph 6, no response required. 7. In response to paragraph 7, Respondent neither admits nor denies same for lack of sufficient information and leaves Petitioner to its proofs. 8. In response to paragraph 8, Respondent denies same as being untrue. 9. In response to paragraph 9, including subparagraphs a-d, Respondent denies same for the reason that it is untrue WHEREFORE, Respondent requests that the Michigan Tax Tribunal enter an Order dismissing Petitioner’s Petition with costs and attorney fees to Respondent. GIARMARCO, MULLINS & HORTON, P.C. /s/ Anthony K. Chubb ANTHONY K. CHUBB (P72608) Attorney for Respondent 101 West Big Beaver, Tenth Floor Troy, MI 48084 (48) 457-7000; Fax: (248) 404-6334 achubb@gmhlaw.com Dated: April 10, 2026 AFFIRMATIVE DEFENSES NOW COMES Respondent, BLOOMFIELD TOWNSHIP, through its attorneys, GIARMARCO, MULLINS & HORTON, P.C., and files the following affirmative defenses to the Petition: 1. The facts as alleged by the Petitioner do not establish mutual mistake of fact. 2. Petitioner has failed to allege specific and sufficient facts upon which the mode and method of appraising property fails to conform with mode and method applied to all other properties in the community. 3. Petitioner has failed to show that any fact other than fifty (50%) percent was applied to the true cash value of the property.
Page 3
4. Petitioner’s claim, if prevailed upon, would create a windfall for Petitioner and create a burden upon the City, schools, county taxes, and other property owners in the community. 5. Petitioner is asking this Honorable Tribunal to make an underassessment based upon an arbitrary basis. 6. A levy of all taxes are required to be made based upon the assessment of fifty (50%) percent of true cash value as ultimately determined by the process of county and state equalization. 7. Respondent reserves the right to file additional Affirmative Defenses as may become apparent in this case. GIARMARCO, MULLINS & HORTON, P.C. /s/ Anthony K. Chubb ANTHONY K. CHUBB (P72608) Attorney for Respondent 101 West Big Beaver, Tenth Floor Troy, MI 48084 (48) 457-7000; Fax: (248) 404-6334 achubb@gmhlaw.com Dated: April 10, 2026 PROOF OF SERVICE JOAN M. SIDLAUSKAS, being duly sworn deposes and says that on April 10, 2026, she did cause to be served upon all attorneys of record the foregoing document via regular first-class mail: Stewart L. Mandell Jackie J. Cook HONIGMAN LLP 39400 Woodward Ave., Ste. 101 Bloomfield Hills, MI 48304-5151 /s/ Joan M. Sidlauskas Joan M. Sidlauskas