MTC - 001 - Shiv Pooja v Green Oak Twp.pdf

Shiv Pooja Inc, Petitioner Vs. Township Of Green Oak, Respondent · 25-001798-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

 

Shiv Pooja, Inc., 

 

 

Petitioner, 

v. 

 

MTT Docket No. 25-001798 

 

Township of Green Oak, 

 

 

Respondent. 

 

PROPERTY TAX REDUCTION 

 SERVICES, LLC 

Jay A. Schwartz 

Representative for Petitioner 

37887 West Twelve Mile Road 

Suite B 

Farmington Hills, MI 48331 

(248) 672-1922 

jschwartz@propertytaxreductionservices.org 

ROSATI, SCHULTZ, JOPPICH & 

 AMTSBUECHLER, P.C. 

Stephanie Simon Morita (P53864) 

Attorney for Respondent 

27555 Executive Drive 

Suite 250 

Farmington Hills, MI 48331-3550 

(248) 489-4100 

smorita@rsjalaw.com 

 

Respondent's Motion to Compel Answers 

to Interrogatories and Request for Production 

of Documents to Petitioner 

 

NOW COMES Respondent, Township of Green Oak, by and through its attorneys, 

Rosati, Schultz, Joppich & Amtsbuechler, P.C. and for its Motion to Compel made pursuant 

to Tax Tribunal Rules 239(3), 243(4) and 245 states as follows: 

1. 

On September 10, 2025, Respondent served upon Petitioner its First Set of 

Interrogatories and Request to Produce Directed to Petitioner. A copy of the Interrogatories 

and Request to Produce along with the corresponding Proof of Service is attached hereto as 

Exhibit A. 

2. 

Petitioner has failed to respond to the Interrogatories and Request to Produce. 

3. 

On October 28, 2025, counsel for Respondent, via email, Exhibit B hereto, 

contacted Petitioner’s representative regarding the overdue response. Petitioner’s 

representative did not respond.

2 

 

4. 

Respondent cannot proceed without the information requested for the reason 

that it will be without sufficient information to make a determination as to the 

appropriateness of Petitioner's request to reduce the assessed and taxable value of the 

Petitioner's property on Respondent's tax rolls, and to prepare its Valuation Disclosure. 

5. 

Petitioner has failed to object within twenty-eight (28) days of service of the 

Interrogatories and Request to Produce as required by MCR 2.309(B)(4) and MCR 

2.310(C)(2), and therefore Petitioner has waived any objections. 

6. 

Furthermore, Respondent respectfully requests that this Honorable Tribunal 

order the Petitioner to produce the documents requested at Respondent's attorney's office on 

a specific date and time. 

WHEREFORE, Respondent Township of Green Oak respectfully requests that this 

Honorable Tribunal enter an Order Compelling the Petitioner to respond to Respondent's 

First Interrogatories and Request to Produce or be placed in default, and order such other 

and further relief as this Honorable Tribunal deems just, including, but not necessarily 

limited to, a reasonable amount for attorney fees and costs. 

 

 

 

 

 

 

Respectfully submitted, 

 

 

 

 

 

 

ROSATI, SCHULTZ, JOPPICH 

& AMTSBUECHLER, P.C. 

 

 

 

 

 

 

 

/s/ Stephanie Simon Morita 

 

 

 

 

 

 

 

 

 

STEPHANIE SIMON MORITA (P53864) 

 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

27555 Executive Drive, Suite 250 

 

 

 

 

 

 

Farmington Hills, MI 48331 

 

 

 

 

 

 

(248) 489-4100 

Dated: October 30, 2025 

 

 

 

 

 

 

PROOF OF SERVICE 

 

The undersigned certified that a copy of the foregoing instrument was served 

upon all parties to the above cause to each of the attorneys and/or 

representatives of record herein by email on October 30 2025. 

 

 

/s/ Dawn Hallman 

 

 

Dawn Hallman

EXHIBIT A

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

 

Shiv Pooja, Inc., 

 

 

Petitioner, 

v. 

 

MTT Docket No. 25-001798 

 

Township of Green Oak, 

 

 

Respondent. 

 

PROPERTY TAX REDUCTION 

 SERVICES, LLC 

Jay A. Schwartz 

Representative for Petitioner 

37887 West Twelve Mile Road 

Suite B 

Farmington Hills, MI 48331 

(248) 672-1922 

jschwartz@propertytaxreductionservices.org 

ROSATI, SCHULTZ, JOPPICH & 

 AMTSBUECHLER, P.C. 

Stephanie Simon Morita (P53864) 

Attorney for Respondent 

27555 Executive Drive 

Suite 250 

Farmington Hills, MI 48331-3550 

(248) 489-4100 

smorita@rsjalaw.com 

 

RESPONDENT'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF 

DOCUMENTS DIRECTED TO PETITIONER 

 

 

NOW COMES Respondent, Township of Green Oak, by and through its attorneys, 

ROSATI, SCHULTZ, JOPPICH & AMTSBUECHLER, P.C. and pursuant to TTR 243 and 

TTR 247 requires Petitioner to fully answer each and every one of the following 

Interrogatories and produce the documents requested in connection with the property which 

is the subject of the above-captioned cause. 

 

Petitioner is requested to provide all information in answer to these Interrogatories 

and request to produce within the knowledge or possession of its agents, employees, 

attorneys, accountants, investigators or agents of the foregoing or any other person who has 

made this information known to Petitioner or from whom Petitioner can obtain this 

information.

2 

 

 

These Interrogatories shall be continuing, and supplemental answers hereto shall be 

required immediately should the Petitioner, directly or indirectly, obtain further or different 

information from the time its answers hereto are made until the hearing of this matter 

commences. 

DEFINITIONS 

 

A. 

The terms "document" or "documents" as used herein include, without 

limitation, books, records, appraisals, writings, computer tapes, computer discs, computer 

records and printed matter of every kind and description, photographs, drawings, notes and 

records (tape, disc or other) of oral communications. 

 

B. 

 The terms "person" or "persons" as used herein include, without limitation, 

individuals, associations, partnerships, corporations, joint ventures, unions and other 

organizations. 

 

C. 

The term "identify" as used herein in connection with a "document" or 

"documents" means: 

(a) 

State the type of document (letter, agreement, memorandum, appraisal, 

etc.) and the date of the document, the name and address of the person 

originating the document, the name and address of the person, if any, 

to whom the document was addressed or prepared for, the names and 

addresses of all persons to whom copies of the documents were to be, or 

have been, sent, and the firm or firms with which all such persons were 

associated at the date of the document; and 

 

(b) 

State whether you or anyone acting in your behalf are in possession of 

the original, and identify the persons in possession of the documents or 

a copy thereof. 

 

 

D. 

The term "identify" as used herein in connection with a "person" or "persons" 

means: 

(a) 

With respect to an individual, state the name, title, present address of 

(if unknown, the last known address), employer, and exact duties and 

responsibilities of such individual.

3 

 

(b) 

With respect to an association, partnership, corporation, joint venture, 

union or other organization, (i) state the name of the organization, the 

address of the principal office, the state or county under whose law the 

organization is organized, and the address of any government agency 

where organizational records are filed, and (ii) identify the officers and 

directors or partners and individuals who participated in the activity 

which is the subject of the inquiry, including the exact duties and 

responsibilities of each. 

 

 

E. 

The terms "describe in detail" and "state in detail" and "explain in detail" as 

used herein mean: 

(a) 

Describe fully by reference to underlying facts rather than reference to 

ultimate facts or conclusions of fact or law; 

 

(b) 

Where applicable, particularize as to (i) time; (ii) place; and (iii) manner; 

and 

 

(c) 

Set forth all relevant facts necessary to the complete understanding of 

the act, process, event or thing in question. 

 

 

F. 

The term "TCV" shall mean true cash value. 

 

G. 

The terms "person" and "representative" include natural persons, corporations, 

partnerships, and other business, political, or legal entities. 

 

H. 

The terms "you" and "your" refer to the Petitioners in the captioned matter. 

 

I. 

The word "any" shall include the collective as well as the singular and shall 

mean "each", and "all" and "every" and these terms shall be interchangeable. 

 

J. 

The term "subject property" shall mean the property that is the subject of this 

appeal to the Michigan Tax Tribunal. 

 

K. 

Unless a particular question specifically states to the contrary, the information 

sought in every question which follows applies to each tax year in question. 

INTERROGATORIES 

 

1. 

Please identify all persons providing information required to answer these 

Interrogatories and Requests to Produce. 

ANSWER:

4 

 

 

 

REQUEST FOR PRODUCTION OF DOCUMENTS 

 

2. 

Please provide documents which state in detail any repairs, improvements, or 

alterations made to the subject property by the owner of the property or any of its tenants, 

within the past five years, or planned within the near future, and the costs of those repairs, 

improvements, or alterations. 

ANSWER: 

 

 

3. 

Please provide documents which restate verbatim and separately for each 

calendar year of 2020, 2021, 2022, 2023 and 2024, all income and expense reports for the 

subject property and for the current year to date. For your convenience, copies of the reports 

may be attached hereto in lieu of restating them in your answers. 

ANSWER: 

 

 

4. 

If the subject property has no income and expense reports as requested in the 

prior interrogatory, please provide and explain in detail each item of income on an annualized 

basis for calendar years 2020 through 2024, and for the current year to date. This 

explanation should include the amount of income, the identity of the payor, and the reason 

for the payment. 

ANSWER: 

 

 

5. 

If the subject property has no income and expense reports as requested in 

Interrogatory No. 3, please provide documents and explain in detail each item of expense on 

an annualized basis for calendar years 2020 through 2024, and for the current year to date.

5 

 

This explanation should include the amount of expense, the identity of the payee, and the 

reason for the payment. 

ANSWER: 

 

 

6. 

Please provide, for the calendar years 2020, 2021, 2022, 2023 and 2024, a list 

all tenants of the subject property, and for each tenant please provide the unit or suite 

number, the amount of monthly rent being paid and deposits being held, the date of the 

commencement of the lease, and the term of the lease. 

ANSWER: 

 

 

7. 

Please provide, for each calendar year 2020, 2021, 2022, 2023 and 2024, a list 

identifying all owners of the property subject to this appeal. 

 

ANSWER: 

 

 

 

8. 

Please provide document which explain in detail whether there have been any 

structural changes made in the last five years, and for each such change please describe the 

change, the amount paid for the change and to whom payment was made, and when the 

change was made. 

ANSWER: 

 

 

 

9. 

Please provide documents which for each calendar year going back to 2020, 

please state in detail whether the subject property, or any portion of it, is owner occupied and 

explain in detail what percentage of the subject property is owner occupied.

6 

 

ANSWER: 

 

 

10. 

Please provide documents which state in detail the amounts paid, on an 

annualized basis for the last seven years, by any tenant of the subject property, to the owner 

of the property, its predecessor in interest, or the property owner’s agents or employees, for 

common area maintenance charges, repairs, alterations, reimbursement for utilities, 

insurance, real estate taxes or any other expense related to the operation of the subject 

property. The amounts listed should be listed by the name and location of the tenant and by 

year. 

ANSWER: 

 

 

11. 

Please provide documents which explain in detail whether and why Petitioner 

is claiming a reduction should be made to the subject property’s true cash value due to the 

presence of hazardous wastes and/or other environmental factors including, but not limited 

to, wetlands, woodlands and subsoil conditions. For each reason a claim is made please 

restate, verbatim, all engineering and environmental reports. For your convenience, copies 

of the documents may be attached to your answers in lieu of restating them herein. 

ANSWER: 

 

 

12. 

Please provide documents which restate, verbatim, the annual occupancy 

percentage and annual occupied square footage for each calendar year 2020 through 2024, 

and the year to date for the subject property. 

ANSWER:

7 

 

 

13. 

Please provide documents which, if not already provided, which restate, 

verbatim, the subject property’s financial statements for the last seven calendar years and 

the year to date. Financial statements include, but are not limited to, statements of cash 

flow, income and expense reports and balance sheets. In lieu of restating verbatim the 

information requested, you may attach documents evidencing the same to your answers. 

ANSWER: 

 

 

14. 

Please provide documents which, if not already provided, which provide the 

per square foot rental rate for the last seven calendar years and the year to date for the 

subject property and restate verbatim all documents evidencing the same. In lieu of restating 

verbatim the information requested, you may attach documents evidencing the same to your 

answers. 

ANSWER: 

 

 

15. 

Please provide documents, if not already provided, which restate, verbatim, 

any and all listing agreements entered into for the subject property for the last five years. 

For your convenience, copies of the listing agreements may be attached to your answers in 

lieu of restating them verbatim. 

ANSWER: 

 

 

16. 

Please provide documents which show in calendar years 2020 through 2024, 

any of the hotel rooms occupied by employees, owners or agents of Petitioner? If so, please 

provide the room’s address, the name(s) of the occupant(s), the square footage of the room, 

the dates of occupancy and the rental rate for the room paid by the employee, owner or agent. 

ANSWER:

8 

 

 

 

17. 

Please provide documents which restate, verbatim, the annual occupancy 

percentage and annual occupied rooms for calendar years 2020 through 2024, and the year 

to date for the subject property. In lieu of restating verbatim the information requested, you 

may attach documents evidencing the same to your answers. 

ANSWER: 

 

 

18. 

Please provide documents which provide the average daily rate for calendar 

years 2020 through 2024 and the year to date for the subject property and restate verbatim 

all documents evidencing the same. 

ANSWER: 

 

 

 

19. 

If not already provided, please provide a copy of any appraisal of the subject 

property completed for any purpose within the past five years. If the Petitioner is not in 

possession of the appraisal, please identify the person or firm who has performed the 

appraisal, and also provide the name, address, and telephone number of the person who is in 

possession of the appraisal. 

RESPONSE: 

 

 

20. 

If not already provided, please provide a copy of any leases that have been 

executed for the subject property, or portions of the subject property, and are still currently 

in effect or which have expired within the past 5 years. 

RESPONSE:

9 

 

 

21. 

If not already provided, please provide a copy of any documents which lists the 

rental income received and property expenses incurred by the property owner, property 

manager, or leasing agent relative to the subject property for years 2020 forward. 

RESPONSE: 

 

 

22. 

If not already provided, please provide a copy of the financial statements for 

the subject property for the tax years in question and two years prior. 

RESPONSE: 

 

 

23. 

If not already provided, please provide a copy of the corporate federal tax 

return for the subject property for the tax years in question. 

RESPONSE: 

 

 

24. 

If not already provided, please provide a copy of any engineering reports 

obtained for the subject property within the past five years. 

RESPONSE: 

 

 

25. 

If not already provided, please provide a copy of the current title insurance 

policy for the subject property. 

RESPONSE: 

 

 

26. 

If not already provided, please provide a copy of the annual income and expense 

statements related to the operation of the subject property for the past five years. 

RESPONSE:

10 

 

 

 

27. 

If not already provided, please provide a copy of the year-to-date operating 

statement for the subject property. 

RESPONSE: 

 

 

28. 

If not already provided, please provide a copy of any AIA Document G702, 

Application and Certification for Payment from any contractor or subcontractor to the owner 

or lessee of the subject property for construction of any improvements at the subject property 

within the past fifteen (15) years. 

RESPONSE: 

 

29. 

Please produce a floor plan for each floor and type of room. 

ANSWER: 

 

30. 

To the extent not already provided please produce for calendar years 2021, 

2022, 2023 and 2024 the following documents: 

a. Annual occupancy reports; 

b. Annual Average Daily Rate reports; and 

c. Detailed Income and Expense Statements. 

ANSWER: 

 

 

31. 

Please produce for calendar years 2021, 2022, 2023 and 2024, and for the 

current year, all STAR reports for the subject property. 

ANSWER:

11 

 

 

32. 

Please produce the current Franchise agreement for the subject property. 

ANSWER: 

 

 

33. 

To the extent not already provided, please produce a detailed explanation of 

all the capital improvements to the subject property from 2020 through 2024. Please provide 

the information on a per calendar year basis. 

ANSWER: 

 

 

34. 

Please produce, for the last five (5) years, all Property Improvement Plans 

(PIP), and all documents detailing the costs to cost to complete the PIP. 

ANSWER: 

 

 

35. 

To the extent not already provided please produce all sale documents and 

information for the subject property (if the property was sold from 2019 through 2024), 

including any options to purchase, contracts for sale, listings, purchase agreements, closing 

statements, and any other related documents. 

ANSWER: 

 

 

36. 

Please produce any Land Surveys for the subject property. 

ANSWER: 

 

 

37. 

Please produce any lease agreements (if any) for the subject property in place 

from 2020 to date. 

ANSWER:

12 

 

 

 

 

38. 

Please provide any and all documents which support, prove, or tend to prove 

the allegations in paragraph no. 17 of the Petition. 

RESPONSE: 

 

 

 

 

 

39. 

Please provide any and all documents which support, prove, or tend to prove 

the allegations in paragraph no. 20 of the Petition. 

RESPONSE: 

 

 

 

 

 

 

 

 

 

 

 

Respectfully submitted, 

 

 

 

 

 

 

ROSATI, SCHULTZ, JOPPICH 

& AMTSBUECHLER, P.C. 

 

 

 

 

 

 

 

/s/ Stephanie Simon Morita 

 

 

 

 

 

 

 

 

 

STEPHANIE SIMON MORITA (P53864) 

 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

27555 Executive Drive, Suite 250 

 

 

 

 

 

 

Farmington Hills, MI 48331 

 

 

 

 

 

 

(248) 489-4100 

Dated: September 10, 2025 

 

 

 

 

 

PROOF OF SERVICE 

 

The undersigned certified that a copy of the foregoing instrument was served upon all parties to the above cause to each of the attorneys 

and/or representatives of record herein by email on September 10, 2025. 

 

 

/s/ Dawn Hallman 

 

 

Dawn Hallman

EXHIBIT B

1

Dawn Hallman

From:

Stephanie Simon Morita

Sent:

Tuesday, October 28, 2025 1:32 PM

To:

Jay Schwartz

Cc:

Matthew Wayne; Dawn Hallman

Subject:

Re: Shiv Pooja, Inc. v Township of Green Oak; MTT Docket No. 25-001798

Attachments:

Ltr to OC enc Answer and First Interrog and RFP.pdf; Answer to Petition - Shiv Pooja v 

Green Oak.pdf; First Interrogs and RFP.pdf

Jay: 

 

We have no record of receipt of discovery responses from you on this case. Please advise if they have been served, and 

if not whether you will stipulate to an Order compelling the responses. 

 

 

Stephanie Simon Morita 

27555 Executive Drive, Suite 250 

Farmington Hills, MI 48331 

P 248.489.4100 | F 248.489.1726 

Email: smorita@rsjalaw.com 

Website: www.rsjalaw.com 

 

The information contained in this communication is intended for the use of the recipient named above and contains confidential and 

legally-privileged information. If the reader of this communication is not the intended recipient, do not read, copy, disseminate or 

distribute it. You are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly 

prohibited. If you have received this communication in error, please re-send this communication to the sender and delete the original 

message and any copy of it from your computer system. If you need any additional information, please contact the sender at 248.489.4100. 

Thank you. 

 

From: Dawn Hallman <dhallman@rsjalaw.com> 

Sent: Wednesday, September 10, 2025 3:01 PM 

To: Jay Schwartz <jschwartz@propertytaxreductionservices.org> 

Cc: Stephanie Simon Morita <smorita@rsjalaw.com>; Matthew Wayne <mwayne@rsjalaw.com> 

Subject: Shiv Pooja, Inc. v Township of Green Oak; MTT Docket No. 25-001798 

 

Please see the attached letter from Stephanie Morita along with the Answer to Petition with Affirmative Defenses and 

Respondent’s First Set of Interrogatories and Request for Production of Documents Directed to Petitioner. 

 

Thank you. 

 

Pursuant to TTR 227(11) these documents are only being served by email.

2

 

Dawn Hallman

Assistant to Stephanie Simon Morita and 

Matthew J. Zalewski 

27555 Executive Drive, Suite 250 

Farmington Hills, MI 48331 

P 248.489.4100 | F 248.489.1726 

Email: dhallman@rsjalaw.com 

Website: rsjalaw.com

 

The information contained in this communication is intended for the use of the recipient named above and contains confidential and 

legally-privileged information. If the reader of this communication is not the intended recipient, do not read, copy, disseminate or 

distribute it. You are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly 

prohibited. If you have received this communication in error, please re-send this communication to the sender and delete the original 

message and any copy of it from your computer system. If you need any additional information, please contact the sender at 248.489.4100. 

Thank you.

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