Response to Petition, Affirmative Defenses and POS â 28405 Van Dyke Owner (ID 114874).pdf
28405 Van Dyke Owner LLC, Petitioner Vs. City Of Warren, Respondent · 25-001777-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL 28405 VAN DYKE OWNER LLC, MTT Docket No. 25-001777 Petitioner, Parcel ID No. 12-13-16-276-005 v. CITY OF WARREN, Respondent. SARAH BELLOLI RYAN LLC Representatives for Petitioner 101 West Big Beaver, Ste. 945 Troy, Michigan 48084 (313) 230-0104 sarah.belloli@ryan.com MARY MICHAELS (P44601) LAURA SULLIVAN (P42021) CITY OF WARREN Attorneys for Respondent One City Square, Ste. 400 Warren, Michigan 48093 (586) 574-4671 Isullivan@cityofwarren.org / RESPONSE TO PETITION Respondent, City of Warren, by and through its attorneys, MARY MICHAELS, Acting City Attorney and LAURA SULLIVAN, Assistant City Attorney, in response to the Petition states as follows: 1. Paragraph 1 is not contested. 2. Paragraph 2 is not contested. 3. Paragraph 3 does not require a response.
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9. Paragraph 9 does not require a response. 10. Paragraph 10 is not contested. 11. Paragraph 11 is not contested. 12. In response to Paragraph 12, Respondent is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 20, and leaves Petitioner to its proofs. 13. In response to Paragraph 13, Respondent is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 20, and leaves Petitioner to its proofs. 14. Paragraph 14 is not contested. 15. Paragraph 15 is not applicable. 16. Paragraph 16 is not contested, except that the True Cash Value on the Subject Property Record Card is $14,600,277.00 17. In response to Paragraph 17, Respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation in Paragraph 17 and leaves Petitioner to its proofs. 18. In response to Paragraph 18, Respondent is without knowledge or information sufficient to form a belief as to the truth of the allegation in Paragraph 18 and leaves Petitioner to its proofs. 19. In response to Paragraph 19, Respondent does not contest that this is Petitioner's request, but denies that any excess taxes, fees, penalties, interest or costs are owing to Petitioner.
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THEREFORE, Respondent City of Warren requests this Tribunal deny the requested relief, dismiss the Petition with prejudice, and award Respondent costs it incurred in the defense of this appeal. Respectfully submitted, By: /[s/Laura Sullivan LAURA SULLIVAN (P42021) Assistant City Attorney III Attorneys for Respondent Dated: September 11, 2025 LS/vIt Response to Petition, Affirmative Defenses and POS — 28405 Van Dyke Owner ID 114373
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL 28405 VAN DYKE OWNER LLC, MTT Docket No. 25-001777 Petitioner, Parcel ID No. 12-13-16-276-005 V. CITY OF WARREN, Respondent. SARAH BELLOLI RYAN LLC Representatives for Petitioner 101 West Big Beaver, Ste. 945 Troy, Michigan 48084 (313) 230-0104 sarah.belloli@ryan.com MARY MICHAELS (P44601) LAURA SULLIVAN (P42021) CITY OF WARREN Attorneys for Respondent One City Square, Ste. 400 Warren, Michigan 48093 (586) 574-4671 Isullivan@cityofwarren.org / AFFIRMATIVE DEFENSES Respondent, City of Warren, by and through its attorneys, MARY MICHAELS, Acting City Attorney and LAURA SULLIVAN, Assistant City Attorney, submit the following Affirmative Defenses: 1. Petitioner failed to allege specific and sufficient facts to set forth a cause of action. 2. Petitioner failed to allege specific and sufficient facts to establish illegality on part
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4, Petitioner 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 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 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 failed to allege specific and sufficient facts to support its allegations that the property's taxable value is improper. 7. Petitioner failed to submit any evidence warranting relief from the assessments to the Board of Review. 8. 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. 9. Respondent reserves the right to raise additional defenses as may become known to it during the course of these proceedings. Respectfully submitted, By: /s/Laura Sullivan LAURA SULLIVAN (P42021) Assistant City Attorney III Attorneys for Respondent Dated: September 11, 2025 LSNvIt Response to Petition, Affirmative Defenses and POS — 28405 Van Dyke Owner ID 114373
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL 28405 VAN DYKE OWNER LLC, MTT Docket No. 25-001777 Petitioner, Parcel ID No. 12-13-16-276-005 Vv. CITY OF WARREN, Respondent. SARAH BELLOLI RYAN LLC Representatives for Petitioner 101 West Big Beaver, Ste. 945 Troy, Michigan 48084 (313) 230-0104 sarah.belloli@ryan.com MARY MICHAELS (P44601) LAURA SULLIVAN (P42021) CITY OF WARREN Attorneys for Respondent One City Square, Ste. 400 Warren, Michigan 48093 (586) 574-4671 Isullivan@cityofwarren.org / PROOF OF SERVICE STATE OF MICHIGAN ) ) SS. COUNTY OF MACOMB ) On the date below | sent via email a copy of Respondent City of Warren’s Response to Petition, Affirmative Defenses and Proof of Service to Sarah Belloli at sarah.belloli@ryan.com, Representative for Petitioner. | declare that the statements above are true to the best of my information, knowledge, and belief. [s/Valerie Tack