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Answer Impulso 5751 LLC v Indy MTT .pdf

Impulso 5751 LLC, Petitioner Vs. Township Of Independence, Respondent · 25-002451-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

IMPULSO 5751 LLC, 

 

 

 

Petitioner, 

 

 

 

 

 

MTT Docket No.: 25-002451-TT 

 

 

 

v. 

 

 

CHARTER TOWNSHIP OF INDEPENDENCE, 

 

 

 

 

 

 

 

Respondent. 

_____________________________________________________________________________ 

Stephen Polter 

 

 

 

 

Daniel J. Kelly (P41315) 

Polter Law 

 

 

 

 

 

Morgan McAtamney Martin (P80047) 

Attorney for Petitioner 

 

 

 

Nancy Olind (P73723) 

2600 W. Big Beaver, Ste L100 

 

 

THE KELLY FIRM, PLC 

Troy, MI 48084 

 

 

 

 

Attorneys for Respondent 

(248) 213-6800 

 

 

 

 

512 E. 11 Mile Rd 

spolter@polterlaw.com 

 

 

 

Royal Oak, MI 48067 

 

 

 

 

 

 

 

(248) 655-7025 

 

 

 

 

 

 

 

dan@kellyfirmpc.com 

 

 

 

 

 

 

 

morgan@kellyfirmpc.com 

 

 

 

 

 

 

 

nancy@kellyfirmpc.com 

 

RESPONDENT’S ANSWER TO PETITION, 

AFFIRMATIVE DEFENSES, AND PROOF OF SERVICE 

 

 

NOW COMES the Respondent, CHARTER TOWNSHIP OF INDEPENDENCE, by its 

attorneys, THE KELLY FIRM, PLC, and for its answer to the Parcel Petition, states as follows: 

 

1. In response to paragraph 1, Respondent neither admits nor denies same for lack of 

sufficient information and leaves Petitioner to its proofs. 

2. In response to paragraph 2, Respondent admits the allegations contained therein. 

3. No response is required as Petitioner sets forth no allegations against Respondent in 

paragraph 3 of its Petition.

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4. No response is required as Petitioner sets forth no allegations against Respondent in 

paragraph 4 of its Petition. 

5. No response is required as Petitioner sets forth no allegations against Respondent in 

paragraph 5 of its Petition. 

6. In response to paragraph 6, on information and belief Respondent admits same. 

7. No response is required as Petitioner sets forth no allegations against Respondent in 

paragraph 7 of its Petition. 

8. No response is required as Petitioner sets forth no allegations against Respondent in 

paragraph 8 of its Petition. 

9. No response is required as Petitioner sets forth no allegations against Respondent in 

paragraph 9 of its Petition.. 

10. In response to paragraph 10, on information and belief Respondent admits same. 

11. In response to paragraph 11, on information and belief Respondent admits same. 

12. In response to paragraph 12, Respondent neither admits nor denies same for lack of 

sufficient information and leaves Petitioner to its proofs. 

13. In response to paragraph 13, Respondent neither admits nor denies same for lack of 

sufficient information and leaves Petitioner to its proofs. 

14. In response to paragraph 14, on information and belief Respondent admits same. 

15. No response is required as Petitioner sets forth no allegations against Respondent in 

paragraph 15 of its petition. 

16. In response to paragraph 16, Respondent admits in part the allegations contained 

therein. In further response, Respondent admits that the Respondent’s 2025 value for 

this property are as follows:

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Parcel Number 

Assessed Value 

Taxable Value 

J-08-15-451-003 

$1,108,500 

$1,108,500 

 

17. In response to paragraph 17, Respondent neither admits nor denies same for lack of 

sufficient information and leaves Petitioner to its proofs. 

18. In response to paragraph 18, Respondent neither admits nor denies same for lack of 

sufficient information and leaves Petitioner to its proofs. 

19. In response to paragraph 19, Respondent neither admits nor denies same for lack of 

sufficient information and leave Petitioner to its proofs. 

20. In response to paragraph 20, Respondent neither admits nor denies same for lack of 

sufficient information and leaves Petitioner to its proofs. 

WHEREFORE, Respondent requests that the Michigan Tax Tribunal enter an Order dismissing 

Petitioner’s Petition with costs and attorney fees to Respondent. 

THE KELLY FIRM, PLC 

/s/ Nancy L. Olind 

NANCY L. OLIND (P73723) 

DANIEL J. KELLY (P41315) 

512 E. 11 Mile Rd. 

Royal Oak, MI 48067 

(248) 655-7025 

nancy@kellyfirmpc.com 

Attorney for Respondent 

Dated: August 7, 2025 

 

 

AFFIRMATIVE DEFENSES 

 

NOW COMES the Respondent, CHARTER TOWNSHIP OF INDEPENDENCE, by its 

attorneys, THE KELLY FIRM, PLC, and files the following Affirmative Defenses in support of 

its Answer to the Petition:

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1. The facts as alleged by the Petitioner do not establish mutual mistake of fact. 

2. Petitioner has failed to allege specific and sufficient facts upon which the mode 

and method of appraising property fails to conform with mode and method applied to 

all other properties in the community. 

3. Petitioner has failed to show that any fact other than fifty percent (50%) was 

applied to the true cash value of the property. 

4. Petitioner’s claim, if prevailed upon, would create a windfall for Petitioner and 

create a burden upon the Township, schools, County taxes, and other property owners 

in the community. 

5. Petitioner is asking this Honorable Tribunal to make an underassessment based 

upon an arbitrary basis. 

6. A levy of all taxes is required to be made based upon the assessment of fifty 

percent (50%) of true cash value as ultimately determined by the process of County 

and State equalization. 

7. Respondent reserves the right to file additional Affirmative Defenses as may 

become apparent in this case. 

THE KELLY FIRM, PLC 

/s/ Nancy L. Olind 

NANCY L. OLIND (P73723) 

DANIEL J. KELLY (P41315) 

512 E. 11 Mile Rd. 

Royal Oak, MI 48067 

(248) 655-7025 

nancy@kellyfirmpc.com 

Attorney for Respondent 

Dated: August 7, 2025

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PROOF OF SERVICE 

 

The undersigned states that on August 7, 2025, she electronically filed Respondent's Answer to 

Petition, Affirmative Defenses, and this Proof of Service with the Michigan Tax Tribunal via the 

Tribunal's E-filing System and served a copy upon Representative for Petitioner via first class 

mail to Petitioners address by placing in a U.S. mail receptacle located in Royal Oak, Michigan. 

 

/s/ Julian Slavsky 

Julian Slavsky

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