25-002636.pdf
Durrand Rad LLC, Petitioner Vs. City Of Durand, Respondent · 25-002636-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
RECEIVED AUG 1 8 2025 STATE OF MICHIGAN ICH DEPARTMENT OF LICENSING AND REGULATORY AFFAIR GAN TAX TRIBUNAL MICHIGAN TAX TRIBUNAL DURAND RAD LLC, Petitioner v MTT Docket No.: 25-002636 CITY OF DURAND, Respondent POLTER LAW GROUP ERIC MORRIS LAW OFFICE PLC By: Stephen Polter (P72591) Authorized Representative for Petitioner 2600 W Big Beaver Ste L 100 Troy, MI 48084 (248) 213-6800 spolter@polterlaw.com By: Eric M. Morris (P81454) Attorneys for Respondent 215 W. Clinton St. Attn: City Attorney Durand, MI 48429 (205) 641-1242 eric@ericmorrislawoffice.com RESPONDENT’S ANSWER TO PROPERTY TAX PETITION NOW COMES Respondent, City of Durand, by and through its Attorneys, Eric Morris Law Office PLC, and for its Answer to Petition, states as follows: —_ 2. 3. Not applicable. 4. Not applicable. Respondent admits the allegation contained in paragraph 1 of the Petition. Respondent admits the allegation contained in paragraph 2 of the Petition.
Page 2
10. 11. 12. 13. 14, 15. 16. 17. 18. 19. 20. Respondent admits the allegations contained in paragraph 10 of the Petition. Respondent admits the allegation contained in paragraph 11 of the Petition. Respondent denies the allegation contained in paragraph 12 of the Petition for want of sufficient knowledge and leaves Petitioner to its proofs. Respondent denies that true cash value and taxable value as assessed are in error. Respondent admits the allegation contained in patagraph 14 of the Petition. Not applicable. Respondent admits that the Respondent did establish the values as set forth in paragraph 16. Respondent denies the allegations of paragraph 17 regarding the actual values of the subject property because the allegations are untrue. Respondent admits that the disputed amounts are as set forth in paragraph of the Petition. Respondent denies that Petitioner is entitled to the relief sought or any relief whatsoever. Respondent affirmatively states that Respondent is entitled to actual costs and attorney fees expended in defending this appeal. Respondent admits that the property as of this filing is vacant, however, Respondent denies that the vacancy is proof of value regarding this property. NEW MATTERS AND AFFIRMATIVE DEFENSES Petitioner has failed to allege specific and sufficient facts to set forth a cause of action against Respondent. Petitioner has failed to allege specific and sufficient facts to establish fraud, error of law, discrimination, application of the wrong principles, or illegality on the part of the Respondent. Petitioner has failed to show that any factor other than fifty percent (50%) was applied to the true cash value of Petitioner's property, as well as all others, to arrive at the respective assessments appearing on the roll, and also fails to allege specific and sufficient facts to support its allegations that the property’s taxable value is improper. Respondent has properly and lawfully assessed Petitioner’s property and established its taxable value in accordance with statutory and constitutional requirements.
Page 3
WHEREFORE, Respondent, City of Durand, respectfully requests that this Honorable Tribunal provide it the following relief; A. Dismiss Petitioner’s Property Tax Petition and award Respondent its attorney fees and costs; and B. Provide Respondent with such other relief as the Tribunal deems appropriate. ERIC MORRIS LAW OFFICE PLC Dated: August 14, 2025 By: ANN ERIC M. MORRIS (P81454) Attorney for Respondent
Page 4
STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DURAND RAD LLC, Petitioner v MTT Docket No.: 25-002636 CITY OF DURAND, Respondent POLTER LAW GROUP ERIC MORRIS LAW OFFICE PLC By: Stephen Polter (P72591) Authorized Representative for Petitioner 2600 W Big Beaver Ste L 100 Troy, MI 48084 (248) 213-6800 spolter@polterlaw.com By: Eric M. Morris (P81454) Attorneys for Respondent 215 W. Clinton St. Attn: City Attorney Durand, MI 48429 (205) 641-1242 eric@ericmorrislawoffice.com APPEARANCE NOW COMES Eric Morris Law Office PLC, by Eric M. Morris, and hereby enters its Appearance on behalf of Respondent City of Durand. Dated: August 14, 2025 ERIC MORRIS LAW OFFICE PLC Be SpA
Page 5
STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DURAND RAD LLC, Petitioner \ MTT Docket No.: 25-002636 CITY OF DURAND, Respondent POLTER LAW GROUP ERIC MORRIS LAW OFFICE PLC By: Stephen Polter (P72591) Authorized Representative for Petitioner 2600 W Big Beaver Ste L 100 Troy, MI 48084 (248) 213-6800 spolter@polterlaw.com By: Eric M. Morris (P81454) Attorneys for Respondent 215 W. Clinton St. Attn: City Attorney Durand, MI 48429 (205) 641-1242 eric@ericmorrislawoffice.com PROOF OF SERVICE NOW COMES Eric M. Morris and states that on August 14, 2025 he served a copy of Respondent’s Answer, via electronic mail addressed to Petitioner’s authorized representative Stephen Polter at the email addressed identified by same in the pleadings: spolter@polterlaw.com. Na) e— ERIC'M. MORRIS (P1454) Attorney for Respondent Dated: August 14, 2025
Page 6
STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DURAND RAD LLC, Petitioner \s MTT Docket No.: 25-002636 CITY OF DURAND, Respondent POLTER LAW GROUP ERIC MORRIS LAW OFFICE PLC By: Stephen Polter (P72591) Authorized Representative for Petitioner By: Eric M. Morris (P81454) Attorneys for Respondent 2600 W Big Beaver 215 W. Clinton St. Ste L 100 Attn: City Attorney Troy, MI 48084 Durand, MI 48429 (248) 213-6800 (205) 641-1242 spolter@polterlaw.com eric@ericmorrislawoffice.com PROOF OF SERVICE NOW COMES Eric M. Morris and states that on August 14, 2025 he served a copy of of this Appearance, via electronic mail addressed to Petitioner’s authorized representative Stephen Polter at the email addressed identified by same in the pleadings: spolter@polterlaw.com. ERIC‘M. MORRIS (P§1454) Attorney for Respondent Dated: August 14, 2025
Page 7
» * From I (> @ THE ups STI To ro