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25-002068.pdf

Texas Roadhouse Holdings LLC, Petitioner V Township Of Fruitport, Respondent · 25-002068-TT

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Page 1

GRETCHEN WHITMER 

GOVERNOR 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING 

RECEIVED 

JUL 112025 

MICHIGAN TAX TRIBUNAL 

MARLON I. BROWN, DPA 

DIRECTOR 

PROPERTY TAX APPEAL ANSWER FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

MTT DOCKET NO. 25-002068 

Section 1: Respondent’s Contact Information 

First Name: 

ML: 

Last Name/Company Name/Unit of Government: 

Fruitport Charter Township 

Home Address (No., Street, P.O. Box or Rural Route): 

County: 

5865 Airline Road 

Muskegon 

City or Town: 

State: 

ZIP Code: 

Fruitport 

MI 

(49415 

Fax Number: 

Telephone Number: 

(231) 865-3151 

E-mail Address (do not enter unless you want MTT to send all correspondence via email): 

horized Representative’s Contact Information 

} 

Section 2: Respondent’s Attorney/Aut 

First Name: 

M.L: 

Last Name: 

Bradley 

J. 

Fisher 

Firm Name (if any): SCHOLTEN FANT 

Address (No., Street, P.O. Box or Rural Route): 

100 N. Third Street, PO Box 454 

Clty or Town: 

State: 

ZIP Code: 

Grand Haven 

MI 

149417 

Fax Number: 

Telephone Number: 

(616) 842-3030 

(616) 846-6621 

bfisher@scholtenfant.com 

E-mail Address (do not enter unless you want MTT to send all correspondence via email}: 

Section 3: Subject Property Information 

Oa Yes 

[14 

No 

Does the subject property have a Principal Residence Exemption of 50% or more? 

[i] No 

Not Applicable 

OJ Yes 

Are the parcels listed by Petitioner contiguous or adjoining? 

If not, list which parcels adjoin one another.

Page 2

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

DIRECTOR 

LANSING 

Section 4: Explain Your Answer to this Appeal 

1. 

The appropriate methods of assessing the Subject Property were used and that 

method conforms to the methods used to assess similarly situated property in the State. 

2 

Petitioner has failed to state a claim upon which relief can be granted. 

3. 

Petitioner may not be a proper party-in-interest. 

4 

5 

6 

Petitioner may not have standing to appeal. 

The Tribunal may lack subject matter jurisdiction over this appeal. 

Petitioner may have failed to comply with state property tax law by, inter alia, 

failing to report or failing to report completely its assessable property such that its 

property taxes were delinquent or underpaid, such that Petitioner is precluded from 

appealing its property values, and such that Respondent should be awarded damages. 

7. 

Respondent reserves the right to add additional affirmative defenses as they 

become known to it through discovery in this matter. 

WHEREFORE, Respondent requests that the Tribunal affirm the 2025 assessed and 

taxable values as determined by Respondent, dismiss the Petition, and award 

Respondent costs, attorney fees and any other relief that the Tribunal determines is fair, 

just and equitable. 

Section 5: Jurisdictional Issues 

IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES 

Did Petitioner protest the assessment at a Board of Review (BOR)? O ves 

[no 

. 

. 

Commercial property, not applicable 

If yes, check which BOR Petitioner attended: 

[ ] March 

[] July 

[] December 

If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? [] Yes 

[No 

*Submit a copy of the Notice of Assessment with the Answer. 

If the July or December BOR revised the assessment(s) at issue, did it have authority? [Hl] Yes 

|] No 

If yes, cite the Board's authority, 

Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? [mn] Yes 

No 

if yes, explain 

is Petitioner appealing from a State Tax Commission Order? 

0 Yes 

No 

If so, what is the issue date? 

IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE 

15

Page 3

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Did Petitioner request a Poverty Exemption ata BOR? [] Yes 

[No 

If Yes, check which BOR Petitioner attended: [] March 

[] July 

[J December 

List the date the BOR denied Petitioner's Poverty Exemption: 

IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION 

OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS 

Did Petitioner request the exemption at 

a BOR? O Yes 

O No 

If Yes, check which BOR Petitioner attended: O March 

O July 

O December 

Tax Year(s) denied: 

List the date the exemption was denied: 

What statutory section did Petitioner request the subject property be exempt? 

IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY 

What do you believe the classification should be: 

Real 

Personal 

(check one) 

O 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

Section 6: Valuation Information *use the multiple parcel form for additional, contiguous parcels. 

Parcel Identification Number: 

61-15-122-100-0009-52 

Classification of Property: 

Real 

Personal 

(check one) 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

Current Assessed Value (also known as State Equalized Value) as established by the BOR: 

684,800 

Current Taxable Value as established by the BOR: 

684,800 

What do you believe is the fair market value (also known as True Cash Value)? 

1,369,600 

Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. 

684,800 

If you believe the Ta 

i differs from your contention of Assessed Value, enter your contention of Taxable Value. 

N.

Page 4

Scholten Fant: 

Attorneys 

100 North Third Street 

P.O. Box 454 

Grand Haven, MI 49417 

GRAND RAPIDS MI 

SERQCENL 2025 

PM 3 

MICHIGAN TAX TRIBUNAL 

P.O. Box 30232 

Lansing, Michigan 48909

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