Answer_SFLD Hotel_FINAL.pdf
Sfld Hotel LLC, Petitioner Vs. City Of Southfield, Respondent · 25-002508-TT
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STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL SFLD Hotel LLC, Petitioner, v City of Southfield, Respondent. MTT Docket No. 25-002508 Parcel No. 76-24-21-100-134 _____________________________________________________________________________/ SHAWN G. JAPPAYA JAPPAYA LAW PLC Attorney for Petitioner 7125 Orchard Lake Road, Suite 301 West Bloomfield, MI 48322 (248) 626-6800 LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) HALLAHAN & ASSOCIATES, P.C. Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 (248) 731-3089 _____________________________________________________________________________/ ANSWER TO SEVERED PETITION AND AFFIRMATIVE DEFENSES ANSWER Respondent, City of Southfield, by and through its attorneys, Hallahan & Associates, P.C., responds to the allegations made in Petitioner’s Petition as follows: 1. Respondent admits the allegations in Paragraph 1. 2. Respondent admits the allegations in Paragraph 2. 3. Respondent admits the allegations in Paragraph 3. 4. Respondent neither admits nor denies the allegations in Paragraph 4 as the General Property Tax Act and the Tribunal’s jurisdiction speak for themselves. 5. Respondent admits the allegations in Paragraph 5.
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Entire Tribunal Property Tax Answer Page 2 of 4 6. Respondent admits the allegations in Paragraph 6. 7. Respondent lacks the knowledge and information necessary to respond to the truth of the allegations set forth in Paragraph 7 and, therefore, leaves Petitioner to its proofs. 8. Respondent acknowledges Petitioner’s beliefs as to the issues in this appeal but denies that those issues have merit and further denies that Petitioner is entitled to any relief. 9. Respondent acknowledges Petitioner’s belief as to an issue with the 2025 tax year but denies any issue with the identified tax year. 10. The values for the property identified above as established by Respondent’s Board of Review are: Tax Year True Cash Value Assessed Value Taxable Value 2025 $13,377,900 $6,688,950 $6,688,950 11. Respondent contends that the values for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 2025 $13,377,900 $6,688,950 $6,688,950 12. The values in dispute for the property identified above are: Tax Year True Cash Value State Equalized Value Taxable Value 2025 $0 $0 $0 13. Petitioner is not entitled to the relief requested in Paragraph 13 for the reason that Petitioner’s amounts do not reflect the accurate valuations for the subject property. Respondent further denies the allegations in subparagraphs (a)-(c) for the reason that the same are untrue. In further answer, the assessed, state equalized and/or taxable values do not exceed permitted amounts, do not exceed the percentage for true cash value permitted by law, were correctly determined and are based upon correct application of proper principles, and the values and Respondent’s mode of assessment are non-discriminatory and constitutional. WHEREFORE, Respondent, City of Southfield, requests the Tribunal dismiss the severed Petition, affirm Respondent’s assessed and taxable values, subject to county and state equalization, and award Respondent its costs and attorney fees.
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Entire Tribunal Property Tax Answer Page 3 of 4 HALLAHAN & ASSOCIATES, P.C. /s/Laura M. Hallahan______________ LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 Dated: September 12, 2025 (248) 731-3089 AFFIRMATIVE DEFENSES Respondent, City of Southfield, asserts the following affirmative defenses: 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. The Tribunal is charged with finding a property’s true cash value to determine the property’s lawful assessment. Alhi Development Co v Orion Twp, 110 Mich App 764, 767 (1981). 3. Petitioner has the burden of establishing the property’s true cash value. See MCL 205.737(3) and Kern v Pontiac Twp, 93 Mich App 612 (1974). 4. Petitioner has failed to allege specific and sufficient facts to establish fraud, error of law, discrimination, application of wrong principles, or illegality on the part of Respondent or its agents. 5. Petitioner has failed to allege that the mode and method of assessing the subject property fails to conform to the mode and method applied in the case of all other properties in Respondent’s taxing unit for the year in question. 6. 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. 7. Petitioner asks the Tribunal to grant it preference by application of a self-chosen method of assessment contrary to the intent, purpose and law of this State. 8. Petitioner, in essence, asks the Tribunal to grant it an illegal preference by application of a method of assessment different from that employed in the assessment of other properties in Respondent’s taxing unit. 9. Petitioner, in essence, seeks 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.
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Entire Tribunal Property Tax Answer Page 4 of 4 10. 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. 11. Respondent has properly and lawfully assessed Petitioner’s property and established its taxable value in accordance with statutory and constitutional requirements. 12. Petitioner has failed to pursue its appeal in a timely fashion. 13. Respondent reserves the right to raise additional affirmative defenses as the same may become known to it during the course of these proceedings. HALLAHAN & ASSOCIATES, P.C. /s/Laura M. Hallahan______________ LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 Date: September 12, 2025 (248) 731-3089 PROOF OF MAILING On the date below I sent by electronic mail a copy of the foregoing Respondent’s Answer to Petition and Affirmative Defenses to: Shawn G. Jappaya Jappaya Law PLC shawn@jappayalaw.com I declare that the statement above is true to the best of my information, knowledge and belief. /s/ Kelsea M. Melcher________________ Dated: September 12, 2025 Kelsea M. Melcher