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Answer to Petition.pdf

Bc Equities LP, Petitioner Vs. City Of Battle Creek, Respondent · 25-001696-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

BC Equities LP, 

 

 

Petitioner, 

 

 

 

 

 

 

 

MTT Docket No. 25-001696 

 

v. 

 

 

 

 

 

 

Parcel No. 0253-00-037-1 

 

 

 

 

 

 

 

 

City of Battle Creek, 

 

 

Respondent. 

 

 

HONIGMAN LLP 

Daniel L. Stanley 

Attorney for Petitioner 

222 North Washington Square, Suite 400 

Lansing, MI 48933-1800 

(517) 377-0714 

dstanley@honigman.com 

 

 

 

CITY ATTORNEY’S OFFICE 

C. Marcel Stoetzel, III (P61912) 

Attorney for Respondent 

10 North Division Street, Suite 216 

Battle Creek, MI 49014 

(269) 966-3385 

cmstoetzel@battlecreekmi.gov 

 

 

 

ANSWER TO PETITION and AFFIRMATIVE DEFENSES 

 

ANSWER 

 

 

NOW COMES RESPONDENT, City of Battle Creek, by and through its attorneys, and in 

answer to Petitioners’ Petition responds as follows: 

1. Petitioner’s principal office address is 750 Trade Center Way, Suite 1000, Portage, MI 

48002. Petitioner is a party in interest with respect to property taxes on tax parcel no(s). 

0253-00-037-1 (“Petitioner’s Property”), at 67 W. Michigan Avenue located in Calhoun 

County, Michigan. If this petition includes more than one (1) real property tax parcel, the 

tax parcels are contiguous. 

 

ANSWER: Respondent admits the parcel number is correct. Respondent neither 

admits nor denies Petitioner’s remaining allegations in Paragraph 1 and leaves 

Petitioner to its proofs. 

 

2. Respondent, Battle Creek, assesses and collects property taxes on Petitioner’s Property. 

 

ANSWER: Respondent admits Petitioner’s allegation in Paragraph 2 of its Petition.

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3. In 2025, Respondent determined the taxable value of Petitioner’s Property to be $2,523,376 

and assessed Petitioner’s Property at $3,205,900, which will result in a state equalized 

value in the same amount based upon the tentative equalization factor. 

 

ANSWER: Respondent admits Petitioner’s allegation in Paragraph 3 of its Petition. 

 

4. Petitioner’s Property is classified as Commercial Real. Petitioner’s Property is presently 

used or available for use for Office purposes. Petitioner believes that Petitioner’s Property 

was originally designed to be used for Office purposes. 

 

ANSWER: Respondent admits Petitioner’s allegation in Paragraph 4 of its Petition. 

 

5. This matter involves issues relating to: (a) valuation, (b) assessment, (c) taxable value and 

(d) uniformity. 

 

ANSWER: Respondent neither admits nor denies what Petitioner alleges in 

Paragraph 5 of its Petition and leaves Petitioner to its proofs. 

 

6. At this time, Petitioner believes, as it relates to taxable value, that there is a dispute relative 

to the value of a loss. 

 

ANSWER: Respondent neither admits nor denies what Petitioner alleges in 

Paragraph 6 of its Petition. Respondent states further that no loss has been reported 

to the Assessor’s office. 

 

 

7. If P.A. 174 of 2006 requires a board of review protest for Petitioner’s Property, a board of 

review protest was filed in March, 2025. 

 

ANSWER: Respondent admits Petitioner’s allegation in Paragraph 7 of its Petition. 

 

8. The 2025 assessment, including state equalized value and taxable value, imposed on 

Petitioner’s Property, and the taxes to be levied and collected thereon, are invalid and 

unlawful and operate as a fraud upon the taxpayer for the reasons that: 

 

(a) The assessment, including state equalized value and/or taxable value, exceeds the 

amount permitted by the Michigan Constitution and applicable statutes; 

 

ANSWER: Respondent denies as untrue Petitioner’s allegations in Paragraph 

8(a) of its Petition. 

 

(b) The assessment, including state equalized value and/or taxable value, are at higher 

percentages of true cash value than permissible under the Michigan Constitution and 

applicable statutes; 

 

ANSWER: Respondent denies as untrue Petitioner’s allegations in Paragraph 

8(b) of its Petition.

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(c) The assessment, including taxable value and/or state equalized value, are based upon 

an erroneous determination of the true cash value of that portion of Petitioner’s 

Property that is taxable under Michigan law, and are based upon the application of 

wrong principles; and, 

 

ANSWER: Respondent denies as untrue Petitioner’s allegations in Paragraph 

8(c) of its Petition. 

 

(d) The assessment, including state equalized value and/or taxable value, and the mode 

of assessment adopted by Respondent, discriminate against Petitioner and deny 

Petitioner its constitutional rights to uniformity, equal protection and due process of 

law. 

 

ANSWER: Respondent denies as untrue Petitioner’s allegations in Paragraph 

8(d) of its Petition. 

 

 

WHEREFORE, Respondent requests that the Michigan Tax Tribunal: 

(a) Deny Petitioner’s requests; 

(b) Uphold or increase the values assessed by Respondent; and 

(c) Order such other and further relief as this Honorable Tribunal deems just and/or 

equitable. 

 

 

Dated: July 02, 2025 

 

Respectfully submitted, 

 

 

 

 

 

 

 

 

 

 

 

 

/s/ C. Marcel Stoetzel, III________ 

 

 

 

C. Marcel Stoetzel, III (P61912) 

 

 

 

 

 

Attorney for Respondent 

10 North Division Street, Suite 216 

Battle Creek, MI 49014 

(269) 966-3385

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AFFIRMATIVE DEFENSES 

 

Respondent City of Battle Creek asserts the following affirmative defenses: 

 

1. 

The Tribunal lacks jurisdiction over this appeal. 

 

2. 

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

 

3. 

Petitioner lacks standing. 

 

4. 

There are no genuine issues of material fact and Respondent is entitled to 

judgment as a matter of law. 

 

5. 

Petitioner’s claims must fail due to the fact that they are devoid of arguable legal 

merit. 

 

6. 

Petitioner’s claims are barred by the applicable statute(s) of limitation. 

 

7. 

Respondent reserves the right to amend or supplement these Affirmative Defenses 

as facts are learned through the discovery process or otherwise. 

 

 

 

Dated: July 02, 2025 

 

Respectfully submitted, 

 

 

 

 

 

 

 

 

 

 

 

 

/s/ C. Marcel Stoetzel, III________ 

 

 

 

 

 

By: C. Marcel Stoetzel, III (P61912) 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

10 N. Division Street, Suite 216 

 

 

 

 

 

Battle Creek, MI 49014 

 

 

 

 

 

(269) 966-3385

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