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Answer to Petition - Clark Logistics 25.pdf

Clark Logistics Group Lv, LLC, Petitioner Vs. City Of Benton Harbor, Respondent · 25-001668-TT

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Page 1

STATE OF MICHIGAN 

DEPT. OF LICENSING AND REGULATORY AFFAIRS 

IN THE MICHIGAN TAX TRIBUNAL 

 

CLARK LOGISTICS GROUP LV, LLC 

 

MOAHR Docket No. 25-001668-TT 

 

Petitioner, 

 

v. 

 

 

 

 

 

 

ANSWER TO PETITION AND 

 

 

 

 

 

 

 

AFFIRMATIVE DEFENSES 

CITY OF BENTON HARBOR, 

 

Respondent. 

 

Michael B. Shapiro (P20282) 

 

 

Sara A. Senica (P66004) 

Honigman LLP 

 

 

 

 

Attorney for Respondent 

Representatives for Petitioner 

 

 

Law Office of Sara A. Senica, PLLC 

660 Woodward Avenue 

 

 

 

12 Longmeadow Village Drive 

 

2290 First National Building 

 

 

Niles, MI 49120 

Detroit, MI 48226-3506 

 

 

 

Ph. 269-684-1500 

Ph. 313- 465-7622 

 

 

 

 

Email: sara.sblaw@gmail.com 

Email: mshapiro@honigman.com 

__________________________________________________________________________ 

 

ANSWER TO PETITION AND AFFIRMATIVE DEFENSES 

 

 

Respondent City of Benton Harbor, by and through its attorney, states as follows in 

response to Petitioner’s Petition: 

1. Respondent City admits that the parcels at issue are contiguous parcels 11-54-0009-0020-

08-2 and 11-54-0009-0020-09-1 with an address of 1042 N. Crystal Avenue, Benton 

Harbor, Berrien County, Michigan, and Respondent neither admits nor denies the 

principal office address of Petitioner, leaving Petitioner to its proofs. 

 

2. Respondent City admits the allegations in paragraph 2. 

 

3. Respondent City admits the allegations in paragraph 3. 

 

4. Respondent City denies the statement in paragraph 4 as untrue, as both parcels are 

classified as “Industrial”. 

 

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

truth of the allegations stated in paragraph 5, but Respondent denies that the property is 

not appropriately assessed.

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

truth of the allegations stated in paragraph 5, but Respondent denies that the property is 

not appropriately assessed. 

 

7. Respondent City admits that Petitioner did not appear at Respondent’s Board of Review. 

 

8. Respondent City denies the statements made in paragraph 8 as untrue. 

 

(a) Respondent City denies the statements made in paragraph 8(a) as untrue. 

(b) Respondent City denies the statements made in paragraph 8(b) as untrue. 

(c) Respondent City denies the statements made in paragraph 8(c) as untrue. 

(d) Respondent City denies the statements made in paragraph 8(d) as untrue. 

 

WHEREFORE, Respondent City respectfully requests that this honorable Tribunal dismiss the 

Petition and uphold the assessed, taxable, and true cash values established by Respondent, along 

with awarding costs and fees, including attorney fees, incurred by Respondent in defense of this 

matter, along with granting all other relief the Tribunal deems just and proper. 

AFFIRMATIVE DEFENSES 

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

2. Petitioner’s claims against Respondent are barred because the valuation method used by 

Respondent comply with the Constitution, state law, and prevailing State Tax 

Commission procedures. 

 

3. Respondent’s assessment reflects 50% of the subject property’s true cash value, and the 

values on the roll, including the taxable value, comply with the General Property Tax 

Act. 

 

4. Petitioner has failed to allege facts to support its allegation that the taxable value of the 

subject property is improper. 

 

5. Respondent City asserts and does not waive the affirmative defenses set forth in MCR 

2.111(F)(3) to the extent that said defenses are established by the facts of this case. 

 

6. Respondent City expressly reserves the right to plead and assert further and other 

affirmative defenses as supported by the facts of the case. 

 

 

 

 

August 11, 2025 

 

 

 

Respectfully Submitted, 

 

 

 

 

 

 

 

 

_____________________________________ 

 

 

 

 

 

 

Sara A. Senica, Attorney for Respondent City

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