25003032 Pontiac Answer - 360 N MLK LLC.pdf
360 N Mlk LLC, Petitioner Vs. City Of Pontiac, Respondent · 25-003032-TT
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CLARKHILL\18836\1009929\283432754.v1-9/17/25 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL MTT Docket No. 25-003032 Parcel Nos. 64-14-21-482-002 64-14-21-482-006 64-14-28-229-001 64-14-28-229-006 64-14-28-229-007 360 N MLK LLC, Petitioner, v CITY OF PONTIAC, Respondent. / Stephen Polter POLTER LAW Attorney for Petitioner 2600 W Big Beaver, Suite L100 Troy, MI 48084 (248) 213-6800 spolter@polterlaw.com Elizabeth White McDonnell (P62561) Sean P. Fitzgerald (P60654) CLARK HILL PLC Attorneys for Respondent 200 Ottawa Avenue NW, Suite 500 Grand Rapids, MI 49503 (616) 608-1131 ewhitemcdonnell@clarkhill.com sfitzgerald@clarkhill.com / RESPONDENT’S ANSWER TO PETITION Respondent, City of Pontiac, by and through its attorneys, Clark Hill PLC, hereby answers the Petition filed by Petitioner, 360 N MLK LLC, and states as follows: 1. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 1 of the Petition. 2. Respondent admits the allegations in paragraph 2 of the Petition. 3. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 3 of the Petition.
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2 CLARKHILL\18836\1009929\283432754.v1-9/17/25 4. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 4 of the Petition. 5. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 5 of the Petition. 6. Respondent admits the allegations in paragraph 6 of the Petition. 7. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 7 of the Petition. 8. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 8 of the Petition. 9. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 9 of the Petition. 10. Respondent denies the allegations in paragraph 10 of the Petition as untrue. 11. Respondent admits the allegations in paragraph 11 of the Petition. 12. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 12 of the Petition. 13. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 13 of the Petition. 14. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 14 of the Petition. 15. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 15 of the Petition. 16. Respondent admits the allegations in paragraph 16 of the Petition.
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3 CLARKHILL\18836\1009929\283432754.v1-9/17/25 17. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 17 of the Petition. 18. Respondent lacks the knowledge or information to form a belief as to the truth of the allegations contained in paragraph 18 of the Petition. 19. Respondent denies the allegations in paragraph 19 of the Petition as untrue. 20. Respondent denies the allegations in paragraph 20 of the Petition as untrue. WHEREFORE, Respondent respectfully requests that the Tribunal dismiss the Petition, sustain the assessed, taxable and true cash values with respect to the property as established by Respondent, award the costs and fees, including attorneys’ fees, incurred by Respondents in the defense of this matter, and grant such other and further relief as the Tribunal deems just and proper. AFFIRMATIVE DEFENSES TO PETITIONER’S PETITION NOW COMES Respondent, City of Pontiac, by and through its attorneys, Clark Hill PLC, and hereby offers the following Affirmative Defenses to Petitioner’s Petition 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 of relief. Dated: September 17, 2025 Respectfully submitted, CLARK HILL PLC By: Elizabeth White McDonnell (P62561) Sean P. Fitzgerald (P60654) Attorneys for Respondent
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4 CLARKHILL\18836\1009929\283432754.v1-9/17/25 2. Respondent has properly and lawfully classified Petitioner’s property and established its taxable and assessed value in accordance with local ordinances, state regulations, statutory and constitutional requirements. 3. Petitioner may lack the proper authority of the property owner to submit the present appeal, and therefore lacks standing to challenge the subject assessments. 4. Respondent relies upon any and all other affirmative defenses set forth in Michigan Court Rules 2.111 and 2.116 and the Rules of the Michigan Tax Tribunal to the extent such affirmative defenses are established to exist during discovery and the pendency of this matter, and Respondent reserves the right to amend these affirmative defenses upon completion of discovery. Dated: September 17, 2025 Respectfully submitted, CLARK HILL PLC By: Elizabeth White McDonnell (P62561) Sean P. Fitzgerald (P60654) Attorneys for Respondent
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CLARKHILL\18836\1009929\283432755.v1-9/17/25 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL ________________________________________________ MTT Docket No. 25-003032 Parcel Nos. 64-14-21-482-002 64-14-21-482-006 64-14-28-229-001 64-14-28-229-006 64-14-28-229-007 360 N MLK LLC, Petitioner, v CITY OF PONTIAC, Respondent. / Stephen Polter POLTER LAW Attorney for Petitioner 2600 W Big Beaver, Suite L100 Troy, MI 48084 (248) 213-6800 spolter@polterlaw.com Elizabeth White McDonnell (P62561) Sean P. Fitzgerald (P60654) CLARK HILL PLC Attorneys for Respondent 200 Ottawa Avenue NW, Suite 500 Grand Rapids, MI 49503 (616) 608-1131 ewhitemcdonnell@clarkhill.com sfitzgerald@clarkhill.com / PROOF OF SERVICE The undersigned certifies that on the date below, a copy of Respondent’s Answer was served via electronic mail, upon: Stephen Polter spolter@polterlaw.com Date: September 17, 2025 /s/ Bailey Dettloff Bailey Dettloff