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Answer to Petition and Affirmative Defenses.pdf

Madhav Adrian, LLC Petitioner Vs. City Of Adrian Respondent · 26-001032-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

Madhav Adrians, LLC, 

 

 

 

Petitioner, 

 

v 

 

City of Adrian, 

 

 

 

Respondent. 

 

 

 

Docket No. 26-001032 

 

_____________________________________________________________________________/ 

 

PETER ELLENSON (P47383) 

LAW OFFICE OF PETER ELLENSON, 

P.C. 

Attorney for Petitioner 

30500 Northwestern Highway, Suite 500 

Farmington Hills, MI 48334 

(248) 406-4443 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

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 City of Adrian, by and through its attorneys, Hallahan & Associates, P.C., 

responds to the allegations made in Petitioner’s Petition as follows: 

1. 

Respondent lacks the information necessary to respond to the allegations in 

Paragraph 1 and leaves Petitioner to its proofs. 

 

2. 

Respondent lacks the information necessary to respond to the allegations in 

Paragraph 2 and leaves Petitioner to its proofs. 

 

3. 

Respondent admits the allegations in Paragraph 3. 

 

4. 

Respondent admits the allegations in Paragraph 4. 

 

5. 

Respondent admits the allegations in Paragraph 5.

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Entire Tribunal Property Tax Answer 

Page 2 of 5 

 

6. 

Respondent acknowledges Petitioner’s beliefs as to the issues in this appeal, but 

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

 

7. 

Respondent acknowledges Petitioner identification of the 2026 tax year as being 

at issue but denies an issue with the identified tax year. 

 

8. 

Respondent neither admits nor denies the necessity of a protest to the Board of 

Review as the General Property Tax Act speaks for itself. 

 

9. 

The values for the property identified above as established by Respondent’s 

Board of Review are: 

 

Parcel Number 

True Cash Value 

Assessed Value 

Taxable Value 

XA0 100 0296 02 

$2,761,200 

$1,380,600 

$1,380,600 

XA0 100 0296 05 

$359,600 

$179,800 

$179,800 

 

10. 

Respondent contends that the values for the property identified above are: 

 

Parcel Number 

True Cash Value 

State Equalized Value 

Taxable Value 

XA0 100 0296 02 

$2,761,200 

$1,380,600 

$1,380,600 

XA0 100 0296 05 

$359,600 

$179,800 

$179,800 

 

11. 

The values in dispute for the property identified above are: 

 

Parcel Number 

True Cash Value 

State Equalized Value 

Taxable Value 

XA0 100 0296 02 

$0 

$0 

$0 

XA0 100 0296 05 

$0 

$0 

$0 

 

12. 

Petitioner is not entitled to the relief requested in Paragraph 12 for the reason that 

Petitioner’s amounts do not reflect the accurate valuations for this property. Furthermore, 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 principals, and the values and Respondent’s mode of 

assessment are non-discriminatory and constitutional. 

 

13. 

Respondent denies the allegations in Paragraph 13 for the reason that the same are 

untrue. 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 principals, and the values and Respondent’s mode 

of assessment are non-discriminatory and constitutional.

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Entire Tribunal Property Tax Answer 

Page 3 of 5 

 

WHEREFORE, Respondent City of Adrian 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. 

HALLAHAN & ASSOCIATES, P.C. 

 

/s/ Laura M. Hallahan______________ 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

Dated: , 2026 

(248) 731-3089 

 

 

 

AFFIRMATIVE DEFENSES 

 

Respondent City of Adrian 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.

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Entire Tribunal Property Tax Answer 

Page 4 of 5 

 

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 

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.

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Entire Tribunal Property Tax Answer 

Page 5 of 5 

 

 

HALLAHAN & ASSOCIATES, P.C. 

 

 

/s/ Laura M. Hallahan______________ 

LAURA M. HALLAHAN (P42101) 

SETH A. O’LOUGHLIN (P80257) 

Attorneys for Respondent 

1750 S. Telegraph Road, Suite 202 

Bloomfield Hills, MI 48302 

Date: September 20, 2026 

(248) 731-3089 

 

 

 

 

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: 

 

Peter Ellenson, Esq. 

peter@ellensonlaw.com 

 

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

 

 

/s/Kelsea M. Melcher_______________ 

Dated: September 20, 2026 

Kelsea M. Melcher

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