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MT - CM Plaza Answer Aff Defs POS.pdf

Cm Plaza Associates LLC Petitioner Vs. Township Of Macomb Respondent · 26-001334-TT

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Page 1

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

CM PLAZA ASSOCIATES LLC, 

Petitioner, 

VS. 

MTT Docket No. 26-001334 

TOWNSHIP OF MACOMB, 

Respondent. Respondent. 

Jay A. Schwartz 

Timothy D. Tomlinson (P48519) 

Property Tax Reduction Services LLC 

Tomlinson & McGrail, PLLC 

Representative for Petitioner 

22600 Hall Rd, Ste. 102 

37887 W. 12 Mile Rd., Ste. B 

Clinton Township, MI 48036 

Farmington Hills, MI 48331 

586-263-5050 

(248) 672-1922 

ttomlinson@ttlmlaw.com 

jschwartz@propertytaxreductionservices.org 

RESPONDENT’S ANSWER TO PETITION 

NOW COMES Respondent, Macomb Township, by and through its attorneys, York, 

Dolan & Tomlinson, P.C., and in answer to Petitioners Petition, states as follows: 

I. 

Respondent admits paragraph 1. 

2. 

Respondent admits paragraph 2. 

3. 

Respondent admits paragraph 3. 

4. 

Not applicable. 

5. 

Not applicable. 

6. 

Respondent admits paragraph 6. 

7. 

Not applicable. 

8. 

Not applicable. 

9. 

Not applicable. 

10. 

Respondent admits paragraph 10.

Page 2

11. 

Respondent admits paragraph 11. 

12. 

Respondent neither admits nor denies paragraph 12 being without sufficient 

information to form a reasonable belief thereto. 

13. 

Respondent denies paragraph 13 because it is untrue. 

14. 

Respondent admits paragraph 14. 

15. 

 Notapplicable. 

16. 

Respondent admits paragraph 16. 

17. 

Respondent denies paragraph 17 because it is untrue. 

18. 

Respondent denies paragraph 18 because it is untrue. 

19. 

Respondent denies paragraph 19 because it is untrue. 

20. 

Respondent denies paragraph 20 because it is untrue. 

WHEREFORE, Respondent respectfully requests that this Honorable Tribunal dismiss 

the Petition, affirm the values as determined by Respondent, and award costs and attorney fees 

wrongfully incurred in having to defend this matter. 

Respectfully submitted, 

TOMLINSON & McGRAIL, PLLC 

/s/Timothy D. Tomlinson 

TIMOTHY D. TOMLINSON (P48519) 

Attorneys for Respondent 

22600 Hall Road, Ste. 102 

Clinton Twp., MI 48036 

(586) 263-5050 

CERTIFICATE OF SERVICE 

ttomlinson@ttlmlaw.com 

Tho unclersigned. certifies that the foregoing instrument vias 

i] 

fhe above cz 

causet to 

to each of the ettomoys 

Dated: August 26, 2026 

2

Page 3

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

CM PLAZA ASSOCIATES LLC, 

Petitioner, 

vs. 

MTT Docket No. 26-001334 

TOWNSHIP OF MACOMB, 

Respondent. Respondent. 

Jay A. Schwartz 

Timothy D. Tomlinson (P48519) 

Property Tax Reduction Services LLC 

Tomlinson & McGrail, PLLC 

Representative for Petitioner 

22600 Hall Rd, Ste. 102 

37887 W. 12 Mile Rd., Ste. B 

Clinton Township, MI 48036 

Farmington Hills, MI 48331 

586-263-5050 

(248) 672-1922 

ttomlinson@ttlmlaw.com 

jschwartz@propertytaxreductionservices.or 

RESPONDENT’S ANSWER TO MULTIPLE PETITION FORM 1 OF 1 

NOW COMES Respondent, Macomb Township, by and through its attorneys, York, Dolan & 

Tomlinson, P.C., and in answer to Petitioner’s Multiple Petition, states as follows: 

L 

2 

3. 

4 

Respondent admits paragraph 1. 

Respondent denies paragraph 2 because it is untrue. 

Respondent denies paragraph 3 because it is untrue. 

Respondent denies paragraph 4 because it is untrue. 

WHEREFORE, Respondent respectfully requests that this Honorable Tribunal dismiss the 

Petition, affirm the values as determined by Respondent, and award costs and attorney fees 

wrongfully incurred in having to defend this matter. 

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P 

By: [] Overnight 

Gauriel 

0 

7] Hend Defivered 

ad Mail 

Respectfully submitted, 

TOMLINSON & McGRAIL, PLLC 

/s/Timothy D. Tomlinson 

TIMOTHY D. TOMLINSON (P48519) 

Attorneys for Respondent 

22600 Hall Road, Ste. 102 

Clinton Twp., MI 48036 

(586) 263-5050 

ttomlinson@ttlmlaw.com 

— 

y =o7” 

Dated: August 26, 2026 

oan

Page 4

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

CM PLAZA ASSOCIATES LLC, 

Petitioner, 

vs. 

MTT Docket No. 26-001334 

TOWNSHIP OF MACOMB, 

Respondent. Respondent. 

Jay A. Schwartz 

Timothy D. Tomlinson (P48519) 

Property Tax Reduction Services LLC 

Tomlinson & McGrail, PLLC 

Representative for Petitioner 

22600 Hall Rd, Ste. 102 

37887 W. 12 Mile Rd., Ste. B 

Clinton Township, MI 48036 

Farmington Hills, MI 48331 

586-263-5050 

(248) 672-1922 

ttomlinson@ttlmlaw.com 

jschwartz@propertytaxreductionservices.org 

RESPONDENT’S AFFIRMATIVE DEFENSES 

NOW COMES Respondent, Macomb Township, by and through its attorneys, York, 

Dolan & Tomlinson, P.C., and for its Affirmative Defenses, states as follows: 

1. 

Petitioner fails to allege specific and sufficient facts to set forth a cause of action 

against Respondent and to support its claim for relief. 

2. 

Petitioner fails to allege specific and sufficient facts to establish fraud, error of 

law, discrimination, the application of wrong principles or illegality on the part of 

the Respondent. 

3. 

Petitioner fails to allege that the mode and method of appraising its property 

failed to conform to the mode and method applied in the case of all of the 

properties in the Respondent’s taxing unit for the year in question.

Page 5

10. 

Petitioner fails to allege specific and sufficient facts to establish the true cash 

value, assessed value and taxable value of its property. 

Petitioner fails 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 is allegations that that 

the property’s taxable value is improper. 

Petitioner fails 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. 

Petitioner, in essence, asks 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. 

Petitioner, in essence, seeks by Petition to challenge the process of county and 

state equalization as to the which it has no legal standing and cannot maintain a 

cause of action. 

Any decrease in the value of Petitioner’s property was a result of its own 

intentional acts and/or negligence and cannot be allowed to reduce Petitioner’s 

otherwise equitable tax burden. 

Respondent has properly and lawfully assessed Petitioner’s property and 

established its taxable value in accordance with statutory and constitutional 

requirements.

Page 6

11. 

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

Affirmative Defenses that discovery reveals. 

‘WHEREFORE, Respondent respectfully requests that this Honorable Tribunal dismiss 

the Petition, affirm the values as determined by Respondent, and award costs and attorney fees 

wrongfully incurred in having to defend this matter. 

Respectfully submitted, 

TOMLINSON & McGRAIL, PLLC 

/s/Timothy D. Tomlinson 

TIMOTHY D. TOMLINSON (P48519) 

Attorneys for Respondent 

22600 Hall Road, Ste. 102 

Clinton Twp., MI 48036 

(586) 263-5050 

ttomlinson@ttlmlaw.com 

Dated: August 26, 2026 

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