Full record / Moceri DM Investments LLC 26-001625 Answer to Petitioner's Petition 9-15-26.pdf

Moceri DM Investments LLC 26-001625 Answer to Petitioner's Petition 9-15-26.pdf

Moceri/Dm Investments, LLC Petitioner Vs. City Of Bloomfield Hills Respondent · 26-001625-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

1

S E C R E S T W A R D L E 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

 

MOCERI/DM INVESTMENTS, LLC, 

 

 

Petitioner, 

MTT Docket No. 26-001625-TT 

 

 

Parcel No. 12-19-14-152-005 and 

 

-vs- 

 

 

 

 

 

Parcel No. 12-19-14-152-007 

 

CITY OF BLOOMFIELD HILLS, 

 

 

Respondent. 

_________________________________________________________________________________/ 

 

WILLIAMS, WILLIAMS, RATTNER & 

PLUNKETT, PC 

Jerome P. Pesick (P29039) 

Richard E. Rassel, III (P57540) 

Jason C. Long (P59244) 

Attorneys for Petitioner 

380 N. Old Woodward Ave., Suite 300 

Birmingham, MI 48009 

(248) 642-0333 

jpesick@wwrplaw.com 

rerassel@wwrplaw.com 

jlong@wwrplaw.com

SECREST WARDLE 

Alana E. Knox (P85859) 

Attorney for Respondent 

2600 Troy Center Drive 

P.O. Box 5025 

Troy, MI 48007-5025 

(248) 851-9500 

aknox@secrestwardle.com 

_________________________________________________________________________________/ 

 

RESPONDENT’S ANSWER TO PETITIONERS’ 

ENTIRE TRIBUNAL PROPERTY TAX PETITION 

 

 

NOW COMES Respondent, CITY OF BLOOMFIELD HILLS, by and through its attorneys, 

SECREST WARDLE, and for its Answer to Petitioners’ Entire Tribunal Property Tax Petition, states 

as follows: 

1. 

Answering paragraph 1, Respondent neither admits nor denies the allegations 

contained in paragraph 1 for lack of sufficient knowledge or information upon which to form a belief 

and leaves Petitioners to their proofs. 

2. 

Answering paragraph 2, Respondent admits the same.

Page 2

2

S E C R E S T W A R D L E 

3. 

Answering paragraph 3, Respondent admits that Moceri/DM Investments, LLC is a 

party in interest with respect to parcel 12-19-14-152-005 and parcel 12-19-14-152-007, commonly 

known as 39515 Woodward Ave, in Bloomfield Hills, Michigan 48304. Respondent neither admits 

nor denies the remainder of the allegations contained in paragraph 3 for lack of sufficient knowledge 

or information upon which to form a belief and leaves Petitioners to their proofs. 

 4. 

Answering paragraph 4, Respondent admits that parcel 12-19-14-152-005 and parcel 

12-19-14-152-007 is located in Oakland County and within the Bloomfield Hills School District. 

5. 

Answering paragraph 5, Respondent admits the same. 

6. 

Answering paragraph 6, Respondent admits the same. 

7. 

Answering paragraph 7, Respondent admits that the subject property’s 2026 true cash, 

assessed and taxable values on the Respondent’s assessment roll are as follows: 

PARCEL NUMBER 

TRUE CASH VALUE

ASSESSED VALUE 

TAXABLE VALUE 

12-19-14-152-005 

$ 1,333,260 

 $ 666,630 

$ 664,410 

12-19-14-152-007 

$ 326,020 

$ 163,010 

$ 163,010 

 

8. 

Answering paragraph 8, Respondent denies that the subject property’s 2026 true cash, 

state equalized and taxable values were no higher than: 

PARCEL NUMBER 

TRUE CASH VALUE

STATE EQUALIZED 

VALUE 

TAXABLE VALUE 

12-19-14-152-005 

$ 640,000 

$ 320,000 

$ 320,000 

12-19-14-152-007 

$ 160,000 

$ 80,000 

$ 80,000 

 

9. 

Answering paragraph 9, Respondent neither admits nor denies the allegations 

contained in paragraph 9 for lack of sufficient knowledge or information upon which to form a belief 

and leaves Petitioners to their proofs.

Page 3

3

S E C R E S T W A R D L E 

10. 

Answering paragraph 10, Respondent neither admits nor denies the allegations 

contained in paragraph 10 for lack of sufficient knowledge or information upon which to form a belief 

and leaves Petitioners to their proofs. 

11. 

Answering paragraph 11, Respondent denies that the 2026 assessment violates the 

Michigan Constitution, the GPTA and other Michigan law, is based on erroneous principles and 

information, and a misapplication of valuation principles. Respondent neither admits nor denies the 

remainder of the allegations contained in paragraph 11 for lack of sufficient knowledge or information 

upon which to form a belief and leaves Petitioners to their proofs. 

12. 

Answering paragraph 12, Respondent denies that it is overestimating the value for 

parcel 12-19-14-152-005 and parcel 12-19-14-152-007. Respondent neither admits nor denies the 

remainder of the allegations in paragraph 12 for lack of sufficient knowledge or information upon 

which to form a belief and leaves Petitioners to their proofs. 

 

WHEREFORE, Respondent, CITY OF BLOOMFIELD HILLS, denies that Petitioners are 

entitled to the relief they seek and Respondent respectfully requests that the Respondent’s assessment 

and taxable value of the subject property be affirmed or increased, that Petitioners’ Entire Tribunal 

Property Tax Petition be dismissed with prejudice and that Respondent be granted costs and attorney 

fees so wrongfully incurred. 

Respectfully submitted, 

SECREST WARDLE 

 

 

 

 

 

 

 

BY: 

/s/ Alana E. Knox 

 

 

 

ALANA E. KNOX (P85859) 

 Attorney for Respondent 

 

 

 

 

 

 

 

2600 Troy Center Dr., P.O. Box 5025 

 

 

 

 

 

 

 

Troy, MI 48007-5025 

 

 

 

 

 

 

 

(248) 851-9500 

Dated: September 15, 2026 

 

 

 

aknox@secrestwardle.com

Page 4

4

S E C R E S T W A R D L E 

AFFIRMATIVE DEFENSES 

 

 

For its further Answer to Petitioners’ Entire Tribunal Property Tax Petition and by way of its 

Affirmative Defenses, Respondent respectfully requests unto this Honorable Tribunal as follows: 

 

1. 

Petitioners fail to allege specific and sufficient facts to set forth a cause of action 

against Respondent and to support its claim for relief. 

 

2. 

Petitioners fail to allege specific and sufficient facts to establish fraud, error of law, 

discrimination, application of wrong principles or illegality on the part of the Respondent. 

 

3. 

Petitioners fail to allege that the mode and method of appraising its property failed to 

conform with the mode and method applied in the case of all of the properties in the Respondent’s 

taxing unit for the year in question. 

 

4. 

Petitioners fail to allege specific and sufficient facts to establish the true cash value, 

assessed value and taxable value of its property. 

 

5. 

Petitioners fail to allege specific and sufficient facts to support its allegation that the 

assessed value of its property, as equalized, is at a factor other than 50% and also fails to allege 

specific and sufficient facts to support its allegations that the property’s taxable value is improper. 

 

6. 

Petitioners fail to show that any rate other than 50% after equalization was applied to 

the true cash value of its property, as well as to the properties of all others to arrive at the respective 

equalized assessments. 

 

7. 

Petitioners, in essence, ask that this Honorable Tribunal grant it an illegal preference by 

application of a method of assessment different from that employed in the assessment of other 

properties in the Respondent’s taxing unit. 

 

8. 

Petitioners, in essence, seek 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. 

 

9. 

Petitioners failed to allege to the Board of Review that:

Page 5

5

S E C R E S T W A R D L E 

A. 

The equalized assessment of the property is more than 50% of its 

true cash value and the taxable value is in violation of applicable 

statutory and constitutional limitations. 

 

B. 

The property is assessed in a discriminatory manner and that the 

assessment is a higher level of true cash value than the average 

level of assessment of all other property within the Township, 

excepting this property and the assessment on other property 

which is also under appeal. 

 

C. 

The assessment and taxable value are unlawful and based upon 

the application of wrong principles and thereby operate as a 

constructive fraud upon the taxpayer. 

 

The failure to raise such objections to the Respondent’s Board of Review constitutes a failure to 

exhaust the administrative remedies provided for by the General Property Tax Act, constitutes a 

waiver of any such allegations contained in the Petition, and further amounts to a failure by the 

Petitioners to appear in protest to Respondent’s Board of review as required by the Tax Tribunal Act. 

 

10. 

Any decrease in the value of Petitioners’ property was a result of its own intentional 

acts and/or negligence and cannot be allowed to reduce Petitioners’ otherwise equitable tax burden. 

 

11. 

Respondent has properly and lawfully assessed Petitioner’s property and established its 

taxable value in accordance with statutory and constitutional requirements. 

 

12. 

Petitioners failed to pursue its appeal in a timely fashion. 

 

13. 

Respondent reserves the right to add to these Affirmative Defenses any new 

Affirmative Defenses that discovery reveals. 

 

WHEREFORE, Respondent, CITY OF BLOOMFIELD HILLS, denies that Petitioners are 

entitled to the relief they seek and respectfully requests that the Respondent’s assessment and taxable 

value of the subject property be affirmed or increased and that Petitioners’ Entire Tribunal Property 

Tax Petition be dismissed with prejudice and that Respondent be granted costs and attorney fees so 

wrongfully incurred.

Page 6

6

S E C R E S T W A R D L E 

Respectfully submitted, 

SECREST WARDLE 

 

 

 

 

 

 

 

BY: 

/s/ Alana E. Knox 

 

 

 

ALANA E. KNOX (P85859) 

 Attorney for Respondent 

 

 

 

 

 

 

 

2600 Troy Center Dr., P.O. Box 5025 

 

 

 

 

 

 

 

Troy, MI 48007-5025 

 

 

 

 

 

 

 

(248) 851-9500 

Dated: September 15, 2026 

 

 

 

aknox@secrestwardle.com 

 

 

 

PROOF OF SERVICE 

 

I hereby certify that on September 15, 2026, a copy of the foregoing document, Respondent’s 

Answer to Petitioner’s Entire Tribunal Property Tax Petition and Affirmative Defenses, was filed 

electronically with the Michigan Tax Tribunal, and was served upon: 

 

Williams, Williams, Rattner & Plunkett, P.C. 

Jerome P. Pesick, Esq. 

Richard E. Rassel, III, Esq. 

Jason C. Long, Esq. 

380 N. Old Woodward Ave., Suite 300 

Birmingham, MI 48009 

by depositing same in the United States mail with postage fully prepaid thereon. 

/s/ Tamera Briggs 

 

Tamera Briggs 

 

 

 

 

 

 

 

 

 

(10993499.1)

PDF reading copy

← View full record