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Answer_DS1281_FINAL.pdf

Ds 1281 Real Estate Holdings LLC Petitioner Vs. Township Of Clinton Respondent · 26-001535-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

DS 1281 REAL ESTATE HOLDINGS LLC, 

 

 

 

Petitioner, 

 

v 

 

CLINTON TOWNSHIP, 

 

 

 

Respondent. 

 

 

 

MTT Docket No. 26-001535 

Parcel No. 16-11-23-176-047 

 

_____________________________________________________________________________/ 

 

THOMAS F. FREDERICKS (P35301) 

THE FREDERICKS LAW FIRM 

Attorney for Petitioner 

2335 Rowley Road 

Williamston, MI 48895-9133 

(517) 655-4100 

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 PETITION 

AND 

AFFIRMATIVE DEFENSES 

 

ANSWER 

 

Respondent, Clinton Township, 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 neither admits nor denies the allegations in Paragraph 3 as no claim is 

made and, thus, no responsive pleading is required. 

4. 

Respondent neither admits nor denies the allegations in Paragraph 4 as no claim is 

made and, thus, no responsive pleading is required.

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5. 

Respondent neither admits nor denies the allegations in Paragraph 5 as no claim is 

made and, thus, no responsive pleading is required. 

6. 

Respondent admits the allegations in Paragraph 6. 

 

7. 

Respondent neither admits nor denies the allegations in Paragraph 7 as no claim is 

made and, thus, no responsive pleading is required. 

8. 

Respondent neither admits nor denies the allegations in Paragraph 8 as no claim is 

made and, thus, no responsive pleading is required. 

9. 

Respondent neither admits nor denies the allegations in Paragraph 9 as no claim is 

made and, thus, no responsive pleading is required. 

10. 

Respondent admits the allegations in Paragraph 10. 

11. 

Respondent admits the allegations in Paragraph 11. 

12. 

Respondent lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations set forth in Paragraph 12 and, therefore, leaves Petitioner to its proofs. 

13. 

Respondent acknowledges the issues raised by Petitioner in Paragraph 13 but denies 

that those issues have merit and further denies that Petitioner is entitled to any relief. 

14. 

Respondent acknowledges Petitioner’s belief as to an issue with the 2026 tax year 

but denies any issue with said year. 

15. 

Respondent neither admits nor denies the allegations in Paragraph 15 as no claim 

is made and, thus, no responsive pleading is required. 

16. 

The values for the property identified above as established by the March Board of 

Review are: 

Tax Year 

True Cash Value 

Assessed Value 

Taxable Value 

2026 

$567,400 

$283,700 

$283,700

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17. 

Respondent contends that the values the property identified above are as follows: 

Tax Year 

True Cash Value 

State Equalized Value 

Taxable Value 

2026 

$567,400 

$283,700 

$283,700 

18. 

The values in dispute are as follows: 

Tax Year 

True Cash Value 

State Equalized Value 

Taxable Value 

2026 

$0 

$0 

$0 

19. 

Respondent acknowledges the relief requested by Petitioner in Paragraph 19 but 

denies that Petitioner is entitled to such relief. 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. 

20. 

Respondent lacks the information and knowledge necessary to respond to the truth 

of the allegations set forth in Paragraph 20 and, therefore, leaves Petitioner to its proofs. 

Respondent denies any implication that that the subject property’s assessment is unreliable or that 

the subject property is over assessed. 

 

WHEREFORE, Respondent, Clinton Township, requests the Tribunal dismiss the 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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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: July 7, 2026 

 

 

 

 

(248) 731-3089 

 

 

AFFIRMATIVE DEFENSES 

 

Respondent, Clinton Township, 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

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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. 

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 

Dated: July 7, 2026 

(258) 731-3089

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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: 

 

Thomas S. Fredericks 

tomfredericks84@gmail.com 

 

I declare that the statement above is true to the best of my information, knowledge and belief. 

 

 

/s/ Kelsea M. Melcher_______________ 

Dated: July 7, 2026 

Kelsea M. Melcher

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