Brusin, LLC v City of Midland (25-002478) Respondent's Answer.pdf
Brusin LLC, Petitioner Vs. City Of Midland, Respondent · 25-002478-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL BRUSIN, LLC, Petitioner, v CITY OF MIDLAND, Respondent. MTT Docket No.: 25-002478 SHINNERS & COOK, P.C. By: Andrew J. Balzer (P82952) Attorneys for Petitioner 5195 Hampton Place Saginaw, MI 48604-9576 (989) 799-5000 abalzer@shinnerscook.com BRAUN KENDRICK FINKBEINER P.L.C. By: Francis J. Keating (P39223) Attorneys for Respondent 4301 Fashion Square Blvd. Saginaw, MI 48603 (989) 498-2100 frakea@braunkendrick.com Christopher G. Komara (P61503) City Attorney/Attorney for Respondent City of Midland 333 W. Ellsworth St. Midland, MI 48640 (989) 837-3395 ckomara@midland-mi.org RESPONDENT’S ANSWER TO ENTIRE TRIBUNAL PROPERTY TAX PETITION NOW COMES Respondent, City of Midland, by and through its attorneys, Braun Kendrick Finkbeiner P.L.C., and for its Answer to Entire Tribunal Property Tax Petition, states as follows: 1. Admitted. 2. Admitted. 4896-5976-5333, v. 1
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6. 7. Review. 8. 9. 10. 11. 12. N/A. N/A. N/A. Admitted. Petitioner admits in paragraph 8 that it did not protest to the 2025 March Board of Admitted. N/A. Admitted. Admitted. Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 12. 13. Respondent admits that the petition alleges that this appeal involves issues relating to the property’s true cash value and taxable value. 14. 15. 16. 17. Admitted. N/A. Admitted. Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 17. 18. Respondent admits that Petitioner has correctly computed the values in dispute by subtracting its erroneously claimed values from the values correctly determined by its assessor and Board of Review. 4896-5976-5333, v. 1
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19. Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph 19 regarding what Petitioner requests. 20. Respondent denies as untrue the allegations that its valuation of the subject property is incorrect. Respondent lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations in paragraph 20. NEW MATTERS AND AFFIRMATIVE DEFENSES 1. Petitioner may have failed to allege specific and sufficient facts to set forth a cause of action against Respondent. 2. Petitioner has failed to allege specific and sufficient facts to establish fraud, discrimination, or illegality on the part of the Respondent. 3. Petitioner may not be the real party in interest to bring this tax appeal. 4. Petitioner may not have standing to bring this tax appeal. 5. 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 subject property’s taxable value is improper. 6. Respondent has properly and lawfully assessed the subject property and established its taxable value in accordance with statutory and constitutional requirements. 7. Respondent reserves the right to assert additional affirmative defenses during the pendency of this action. 4896-5976-5333, v. 1
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WHEREFORE, Respondent, City of Midland, respectfully requests that this Honorable Tribunal provide it with the following relief: A. Dismiss Petitioner’s Entire Tribunal Property Tax Petition and award Respondent its attorney fees and costs; and B. Provide Respondent with such other relief as the Tribunal deems appropriate. BRAUN KENDRICK FINKBEWER P.L.C. Dated: July 29, 2025 B Ye: IRE KEATING (P39223) Attorney for Respondent 4896-5976-5333, v. 1