Daifuku Airport America Corporation, Petitioner Vs. City Of Boyne City, Respondent
- Petitioner
- Daifuku Airport America Corporation
- Respondent
- City Of Boyne City
Case overview
- Docket number
- 25-002103-TT
- Status
- Abeyance
- CaseType
- ET Property
- Division
- ET
- County
- Charlevoix
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 10 | Granted | PET | 8 | 10/29/2025 | Not recorded | Download |
| 9 | Order granting Motion. | Not recorded | 8 | 10/29/2025 | Not recorded | Download |
| 8 | Motion for Abeyance was received. | PET | Not recorded | 10/22/2025 | $50.00 | Download |
| 7 | Answer was received | Not recorded | Not recorded | 10/22/2025 | Not recorded | Download |
| 6 | ET Case Info Sheet | Not recorded | Not recorded | 10/22/2025 | Not recorded | Download |
| 5 | Proof of service of petition was received. | PET | Not recorded | 09/26/2025 | Not recorded | Download |
| 4 | Petition has been verified | PET | 2 | 08/12/2025 | Not recorded | Download |
| 3 | Notice of Docket Number ET | Not recorded | Not recorded | 08/12/2025 | Not recorded | Download |
| 2 | A petition was received. | PET | Not recorded | 05/31/2025 | Not recorded | Download |
| 1 | ET Case Info Sheet | Not recorded | Not recorded | 05/31/2025 | $600.00 | Download |
Documents
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Page 1
STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DAIFUKU AIRPORT AMERICA CORPORATION, Petitioner, v BOYNE CITY, Respondent. Docket No. 25-002103 Parcel No. 15-051-306-017-00 _____________________________________________________________________________/ AARON M. FALES (P72864) LAW OFFICE OF AARON M. FALES, P.C. Attorney for Petitioner 330 Hamilton Row, Suite 350 Birmingham, MI 48009 (248) 767-9840 LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) HALLAHAN & ASSOCIATES, P.C. Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 (248) 731-3089 _____________________________________________________________________________/ JOINT MOTION TO HOLD APPEAL IN ABEYANCE Through their respective counsel, the Parties state as follows for this Motion to hold appeal in abeyance: 1. This case involves the 2025 tax year. 2. Petitioner has also filed an appeal challenging its 2025 assessment levied against the property which is pending in Docket No. 24-002138. The parties filed and exchanged Prehearing Statements and Valuation Disclosures on June 4. 2025 in Docket No. 24-002138 and is scheduled for a Prehearing Conference on October 6, 2025. 3. This case has not yet been placed on a Prehearing General Call.
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4. As part of a determined effort to try to amicably resolve this case, the parties have discussed this matter on many occasions. 5. In hopes of continuing the parties ongoing settlement discussions, the parties seek to hold the appeal in abeyance pending the resolution of the 2024 appeal. 6. Holding the above captioned case in abeyance pending the resolution of Docket No. 24-002138 will assist in the efficient administration of justice and benefit the parties and the Tribunal by preventing unnecessary litigation and requiring the expense and submission of valuation disclosures in this case. 7. Given the foregoing, and that it will greatly assist the parties and increase the likelihood that the case can be settled without a hearing, the parties are asking the Tribunal to grant this motion, and place this case in abeyance pending the outcome of Docket No. 24- 002138. 8. Granting this motion is in the interest of the Parties, the Tribunal and justice. If this case can be amicably resolved it is in everyone’s best interest, and granting this motion will help the parties in their efforts to resolve this matter. Additionally, granting this motion will assist in the efficient administration of justice. 9. Granting this motion is proper under Tax Tribunal Act section 32(c), MCL 205.732(c), which provides in pertinent part, “(t)he tribunal's powers include, but are not limited to….(c) Granting other relief or issuing writs, orders, or directives that it deems necessary or appropriate in the process of disposition of a matter over which it may acquire jurisdiction.” 10. Given all of the foregoing, there is good cause for the Tribunal to grant this Motion.
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WHEREFORE, the Parties request that the Tribunal grant this motion by entering an Order holding this matter in abeyance pending the outcome of Docket No. 24-002138. Signature of Petitioner’s Authorized Representative _/s/ Aaron M. Fales (w/ permission)_______ Aaron M. Fales Law Office of Aaron M. Fales, P.C. Dated: October 22, 2025 Signature of Respondent’s Authorized Representative /s/ Laura M. Hallahan Laura M. Hallahan Hallahan & Associates, P.C. Dated: October 22, 2025
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Daifuku Airport America Corporation, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-002103 City Of Boyne City, Presiding Judge Respondent. Patricia L. Halm ORDER GRANTING JOINT MOTION TO HOLD CASE IN ABEYANCE On October 22, 2025, the parties filed a joint motion requesting that the Tribunal hold this case in abeyance pending resolution of MTT Docket No. 24-002138, which is currently pending before the Tribunal. In the motion, the parties state that (1) prehearing statements and valuation disclosures have been exchanged in MTT Docket No. 24-002138; (2) MTT Docket No. 24-002138 was scheduled for a prehearing conference on October 6, 2025; (3) the instant appeal has not yet been placed on a Prehearing General Call; and (4) “[i]n hopes of continuing the parties[’] ongoing settlement discussions, the parties seek to hold the appeal in abeyance pending the resolution of the 2024 appeal.” The Tribunal has considered the motion and the case file and finds that placing this case in abeyance pending resolution of MTT Docket No. 24-002138 will facilitate the efficient administration of justice, as that resolution may have a direct bearing on the outcome of the instant appeal. Therefore, IT IS ORDERED that the Joint Motion to Hold Case in Abeyance is GRANTED. IT IS FURTHER ORDERED that the parties shall notify the Tribunal in writing within 28 days of the resolution of MTT Docket No. 24-002138 as to the need for further proceedings in this matter. Entered: October 29, 2025 By _____________________________ kac/jcr PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL DAIFUKU AIRPORT AMERICA CORPORATION, Petitioner, v BOYNE CITY, Respondent. Docket No. 25-002103 Parcel No. 15-051-306-017-00 _____________________________________________________________________________/ AARON M. FALES (P72864) LAW OFFICE OF AARON M. FALES, P.C. Attorney for Petitioner 330 Hamilton Row, Suite 350 Birmingham, MI 48009 (248) 767-9840 LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) HALLAHAN & ASSOCIATES, P.C. Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 (248) 731-3089 _____________________________________________________________________________/ JOINT MOTION TO HOLD APPEAL IN ABEYANCE Through their respective counsel, the Parties state as follows for this Motion to hold appeal in abeyance: 1. This case involves the 2025 tax year. 2. Petitioner has also filed an appeal challenging its 2025 assessment levied against the property which is pending in Docket No. 24-002138. The parties filed and exchanged Prehearing Statements and Valuation Disclosures on June 4. 2025 in Docket No. 24-002138 and is scheduled for a Prehearing Conference on October 6, 2025. 3. This case has not yet been placed on a Prehearing General Call.
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4. As part of a determined effort to try to amicably resolve this case, the parties have discussed this matter on many occasions. 5. In hopes of continuing the parties ongoing settlement discussions, the parties seek to hold the appeal in abeyance pending the resolution of the 2024 appeal. 6. Holding the above captioned case in abeyance pending the resolution of Docket No. 24-002138 will assist in the efficient administration of justice and benefit the parties and the Tribunal by preventing unnecessary litigation and requiring the expense and submission of valuation disclosures in this case. 7. Given the foregoing, and that it will greatly assist the parties and increase the likelihood that the case can be settled without a hearing, the parties are asking the Tribunal to grant this motion, and place this case in abeyance pending the outcome of Docket No. 24- 002138. 8. Granting this motion is in the interest of the Parties, the Tribunal and justice. If this case can be amicably resolved it is in everyone’s best interest, and granting this motion will help the parties in their efforts to resolve this matter. Additionally, granting this motion will assist in the efficient administration of justice. 9. Granting this motion is proper under Tax Tribunal Act section 32(c), MCL 205.732(c), which provides in pertinent part, “(t)he tribunal's powers include, but are not limited to….(c) Granting other relief or issuing writs, orders, or directives that it deems necessary or appropriate in the process of disposition of a matter over which it may acquire jurisdiction.” 10. Given all of the foregoing, there is good cause for the Tribunal to grant this Motion.
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WHEREFORE, the Parties request that the Tribunal grant this motion by entering an Order holding this matter in abeyance pending the outcome of Docket No. 24-002138. Signature of Petitioner’s Authorized Representative _/s/ Aaron M. Fales (w/ permission)_______ Aaron M. Fales Law Office of Aaron M. Fales, P.C. Dated: October 22, 2025 Signature of Respondent’s Authorized Representative /s/ Laura M. Hallahan Laura M. Hallahan Hallahan & Associates, P.C. Dated: October 22, 2025
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STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL DAIFUKU AIRPORT AMERICA CORPORATION, Petitioner, v BOYNE CITY, Respondent. Docket No. 25-002103 Parcel No. 15-051-306-017-00 _____________________________________________________________________________/ AARON M. FALES (P72864) LAW OFFICE OF AARON M. FALES, P.C. Attorney for Petitioner 330 Hamilton Row, Suite 350 Birmingham, MI 48009 (248) 767-9840 LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) 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, Boyne City, 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 and knowledge necessary to respond to the truth of the allegations set forth in Paragraph 1 and, therefore, leaves Petitioner to its proofs. 2. Respondent admits the allegations in Paragraph 2. 3. Respondent admits the allegations in Paragraph 3.
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2 4. Respondent admits that subject property is classified as industrial real property. With respect to the remainder of the allegations set forth in Paragraph 4, Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations contained therein and, therefore, leaves Petitioner to its proofs. 5. Respondent acknowledges the issues raised by Petitioner in Paragraph 5 but denies Petitioner’s claims have merit or that Petitioner is entitled to relief. 6. Respondent acknowledges Petitioner’s belief of a dispute relative to a value of a loss but denies any such loss has occurred. 7. Respondent denies the allegations in Paragraph 7, including subparagraphs (a)-(d), for the reason that the same are untrue. In further answer, the assessed, state equalized and/or taxable values do not exceed permitted amounts, do not exceed the percentage of true cash value permitted by law, were correctly determined and are based upon correct application of proper principles, and the values and Respondent’s mode of assessment are non-discriminatory and constitutional. 8. Respondent acknowledges the relief requested by Petitioner in the final paragraph of the Petition but denies that Petitioner is entitled to the requested relief due to the statements in the above Paragraphs. WHEREFORE, Respondent, Boyne City, 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.
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3 HALLAHAN & ASSOCIATES, P.C. /s/Laura M. Hallahan______________ LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 Dated: October 22, 2025 (248) 731-3089 AFFIRMATIVE DEFENSES Respondent, Boyne City, 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. 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
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4 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. HALLAHAN & ASSOCIATES, P.C. /s/ Laura M. Hallahan_____________ LAURA M. HALLAHAN (P42101) SETH A. O’LOUGHLIN (P80257) KELSEA M. MELCHER (P85821) Attorneys for Respondent 1750 S. Telegraph Road, Suite 202 Bloomfield Hills, MI 48302 Date: October 22, 2025 (248) 731-3089
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5 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:
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Respondent MOAHR DOCKET NO. 25-002103 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Boyne City (CHARLEVOIX) Local Unit of Government/First Name M.I. Last Name Home Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) Section 2: Attorney/Authorized Representative’s Contact Information First Name Laura M.I. M Last Name Hallahan Firm Name (if any) Hallahan & Associates, P.C. Address (No., Street, P.O. Box or Rural Route) 1750 S. Telegraph Road, Suite 202 City or Town Bloomfield Hills State Michigan ZIP Code 48302 Telephone Number 248-731-3087 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) MTT@hallahanlaw.com Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: Kelsea M. Melcher /s/
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STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL DAIFUKU AIRPORT AMERICA CORPORATION, Petitioner, Vv. MTT Docket # 25-002103 CITY OF BOYNE, Respondent. PROOF OF SERVICE GAN ) ] 55, COUNTY OF OAKLAND) > P= les, being duly sworn, deposes and says that on September 26, 2025 he served a nz2r’s Petition on the parties named on the attached list. Aaron M. Fales
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BY CERTIFIED UNITED STATES MAIL, RETURN RECEIPT REQUESTED: City of Boyne Assessor 319 N Lake St Boyne City, Mi 49712 City of Boyne Clerk 319 N Lake St. Boyne City, MI 49712 AND BY FIRST CLASS UNITED STATES MAIL: Charlevoix County Equalization 13513 Division St. Charlevoix, MI 43720 Charlevoix County Clerk 13513 Division St. Charlevoix, MI 49720 Boyne City Public Schools Secretary of the School Board 321 South Park St. Boyne City, MI 49712 State Treasurer Michigan Department of Treasury Treasury Building 430 W. Allegan St. Lansing, MI 48922
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Daifuku Airport America Corporation, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 25-002103 City Of Boyne City, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this notice, as required by TTR 227 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the notice may result in the dismissal of this case. Under TTR 235(1), “[t]he respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: __ Tribunal Clerk Entered: August 12, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk MICHIGAN TAX TRIBUNAL - 611 W. OTTAWA ST., LANSING, MI 48933 - 517-335-9760 PO BOX 30232, LANSING, MI 48909 - Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906
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STATE OF MICHIGAN
MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM
MICHIGAN TAX TRIBUNAL
DAIFUKU AIRPORT AMERICA
CORPORATION
Petitioner,
MTT Docket #25- (50
LL 0
Parcel No. 15-051-306-017-00
BOYNE CITY,
Respondent.
a
/
PETITION
DAIFUKU AIRPORT AMERICA CORPORATION (“Petitioner”), through its
cfforneys, Law Office of Aaron M. Fales, P.C., says:
1.
Petitioner's
principal
office address
is 30100 Cabot
Dr.,
Novi,
MI
Petitioner
is
a party
in interest with respect to property taxes on real
operty fax parcel no. 15-051-306-017-00 ("Petitioner's Property"), at 300 M-75 S,
Boyne City, MI.
2
Respondent, Boyne
City assesses and
collects property taxes
on
Petitioner's Property.
7}
In 2025, Respondent determined the taxable value of Petitioner's
Property
to
be $10,515,896 and assessed
Petitioner's Property at $12,067,100
resulting in a state equalized value of the same amount based on the tenative
equalization factor.Page 5
Petitioner's Property is classified as Industrial Real Property. ~efiiioner's Property is an industrial building. Petitioner believes that Petitioner's roperty v erty was originally designed to be used for industrial purposes. 5 This matter involves issues relating to: (a) valuation, (b) assessment, | taxable value, and (d) uniformity. 6. At this time, Petitioner believes, as it relates to taxable value, that pute relative to the value of a loss. there is a dis Jue The 2025 assessment, including state equalized value and taxable [0] mposed on Petitioner's Property, and the taxes to be levied and cted thereon, are invalid and unlawful and operate as a fraud upon the payer for the reasons that: pave (q) axable va The assessment, including state equalized value and/or lue, exceeds the amount permitted by the Michigan Constitution and applicable statutes; (b) The assessment, including state equalized value and/or axable value, are at higher percentages of true cash value than permissible under the Michigan Constitution and applicable statutes; (c) The assessment, including taxable value and/or state equalized value, are based upon an erroneous determination of the true cash alue of that portion of Petitioner's Property that is taxable under Michigan law, re based upon the application of wrong principles; and,
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[d) The assessment, including state equalized value and/or taxable value, and the mode of assessment adopted by Respondent, discriminate against Petitioner and deny Petitioner its constitutional rights to uniformity, equal protection and due process of law. WHEREFORE, Petitioner requests that the Tax Tribunal enter an Order reducing the 2025 taxable value of Petitioner's Property from $10,515,894 to $2,500,000, and reducing the 2025 assessed and state equalized values of Petitioner's
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Page 1
STATE OF MICHIGAN
MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM
MICHIGAN TAX TRIBUNAL
DAIFUKU AIRPORT AMERICA
CORPORATION
Petitioner,
vs.
BOYNE CITY,
Respondent.
/
MTT Docket #25-
Parcel No. 15-051-306-017-00
PETITION
DAIFUKU AIRPORT AMERICA CORPORATION (“Petitioner”), through its
attorneys, Law Office of Aaron M. Fales, P.C., says:
1.
Petitioner's principal office address is 30100 Cabot Dr., Novi, MI
48377. Petitioner is a party in interest with respect to property taxes on real
property tax parcel no. 15-051-306-017-00 ("Petitioner's Property"), at 300 M-75 S,
Boyne City, MI.
2.
Respondent, Boyne City assesses and collects property taxes on
Petitioner's Property.
3.
In 2025, Respondent determined the taxable value of Petitioner's
Property to be $10,515,896 and assessed Petitioner's Property at $12,067,100
resulting in a state equalized value of the same amount based on the tenative
equalization factor.Page 2
4. Petitioner's Property is classified as Industrial Real Property. Petitioner's Property is an industrial building. Petitioner believes that Petitioner's Property was originally designed to be used for industrial purposes. 5. This matter involves issues relating to: (a) valuation, (b) assessment, (c) taxable value, and (d) uniformity. 6. At this time, Petitioner believes, as it relates to taxable value, that there is a dispute relative to the value of a loss. 7. The 2025 assessment, including state equalized value and taxable value, imposed on Petitioner's Property, and the taxes to be levied and collected thereon, are invalid and unlawful and operate as a fraud upon the taxpayer for the reasons that: (a) The assessment, including state equalized value and/or taxable value, exceeds the amount permitted by the Michigan Constitution and applicable statutes; (b) The assessment, including state equalized value and/or taxable value, are at higher percentages of true cash value than permissible under the Michigan Constitution and applicable statutes; (c) The assessment, including taxable value and/or state equalized value, are based upon an erroneous determination of the true cash value of that portion of Petitioner's Property that is taxable under Michigan law, and are based upon the application of wrong principles; and,
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(d) The assessment, including state equalized value and/or taxable value, and the mode of assessment adopted by Respondent, discriminate against Petitioner and deny Petitioner its constitutional rights to uniformity, equal protection and due process of law. WHEREFORE, Petitioner requests that the Tax Tribunal enter an Order reducing the 2025 taxable value of Petitioner's Property from $10,515,896 to $2,500,000, and reducing the 2025 assessed and state equalized values of Petitioner's Property from $12,067,100 to $2,500,000, and requiring Respondent to pay Petitioner the refunds attributable to such reductions, plus interest and costs. Dated: May 30, 2025 Respectfully submitted, LAW OFFICE OF AARON M. FALES, P.C. Attorney for Petitioner By: _________________________ Aaron M. Fales (P72864) 330 Hamilton Row, Ste. 350 Birmingham, MI 48009 (248) 767-9840
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING MARLON I. BROWN, DPA DIRECTOR MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 Daifuku Airport America Corporation, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 25-002103 City Of Boyne City, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted docket number has been assigned to that petition. This docket number shall be noted on the petition and the petition shall be served within 45 days of the issuance of this notice, as required by TTR 227 and MCL 205.735a, even if the petition was served when filed. A proof of service shall also be filed with the Tribunal within 45 days of the issuance of this notice evidencing the service of the petition. If you submitted a proof of service with the petition, you must still serve the petition and file a second proof of service including the docket number, pursuant to this notice. Failure to serve the petition and file a proof of service within 45 days of the issuance of the notice may result in the dismissal of this case. Under TTR 235(1), “[t]he respondent shall file an answer or responsive motion within 28 days after the date of service of the petition with noted docket number.” Failure to do so will result in Respondent being placed in default. The docket number also needs to be noted on all other documents submitted in this case. Further, the assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with statutory requirements or the Tribunal’s rules. By: __Tribunal Clerk________ Entered: August 12, 2025 PROOF OF SERVICE I certify that a copy of the foregoing was sent on the entry date indicated above to the parties or their attorneys or authorized representatives, if any, utilizing either the mailing or email addresses on file, as provided by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Page 1
STATE OF MICHIGAN
MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM
MICHIGAN TAX TRIBUNAL
DAIFUKU AIRPORT AMERICA
CORPORATION
Petitioner,
vs.
BOYNE CITY,
Respondent.
/
MTT Docket #25-
Parcel No. 15-051-306-017-00
PETITION
DAIFUKU AIRPORT AMERICA CORPORATION (“Petitioner”), through its
attorneys, Law Office of Aaron M. Fales, P.C., says:
1.
Petitioner's principal office address is 30100 Cabot Dr., Novi, MI
48377. Petitioner is a party in interest with respect to property taxes on real
property tax parcel no. 15-051-306-017-00 ("Petitioner's Property"), at 300 M-75 S,
Boyne City, MI.
2.
Respondent, Boyne City assesses and collects property taxes on
Petitioner's Property.
3.
In 2025, Respondent determined the taxable value of Petitioner's
Property to be $10,515,896 and assessed Petitioner's Property at $12,067,100
resulting in a state equalized value of the same amount based on the tenative
equalization factor.Page 2
4. Petitioner's Property is classified as Industrial Real Property. Petitioner's Property is an industrial building. Petitioner believes that Petitioner's Property was originally designed to be used for industrial purposes. 5. This matter involves issues relating to: (a) valuation, (b) assessment, (c) taxable value, and (d) uniformity. 6. At this time, Petitioner believes, as it relates to taxable value, that there is a dispute relative to the value of a loss. 7. The 2025 assessment, including state equalized value and taxable value, imposed on Petitioner's Property, and the taxes to be levied and collected thereon, are invalid and unlawful and operate as a fraud upon the taxpayer for the reasons that: (a) The assessment, including state equalized value and/or taxable value, exceeds the amount permitted by the Michigan Constitution and applicable statutes; (b) The assessment, including state equalized value and/or taxable value, are at higher percentages of true cash value than permissible under the Michigan Constitution and applicable statutes; (c) The assessment, including taxable value and/or state equalized value, are based upon an erroneous determination of the true cash value of that portion of Petitioner's Property that is taxable under Michigan law, and are based upon the application of wrong principles; and,
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(d) The assessment, including state equalized value and/or taxable value, and the mode of assessment adopted by Respondent, discriminate against Petitioner and deny Petitioner its constitutional rights to uniformity, equal protection and due process of law. WHEREFORE, Petitioner requests that the Tax Tribunal enter an Order reducing the 2025 taxable value of Petitioner's Property from $10,515,896 to $2,500,000, and reducing the 2025 assessed and state equalized values of Petitioner's Property from $12,067,100 to $2,500,000, and requiring Respondent to pay Petitioner the refunds attributable to such reductions, plus interest and costs. Dated: May 30, 2025 Respectfully submitted, LAW OFFICE OF AARON M. FALES, P.C. Attorney for Petitioner By: _________________________ Aaron M. Fales (P72864) 330 Hamilton Row, Ste. 350 Birmingham, MI 48009 (248) 767-9840
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Entire Tribunal Case Information Sheet - Petitioner MOAHR DOCKET NO. Section 1: Petitioner’s Contact Information Filer type: Organization First Name/Company Name M.I. Last Name Daifuku Airport America Corporation Home Address (No., Street, P.O. Box or Rural Route) 30100 Cabot Dr. City or Town Novi State Michigan ZIP Code 48377 Telephone Number 2487679840 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) aaron@afaleslaw.com Section 2: Attorney/Authorized Representative’s Contact Information First Name Aaron M.I. M Last Name Fales Firm Name (if any) Law Office of Aaron M. Fales, P.C. Address (No., Street, P.O. Box or Rural Route) 330 Hamilton Row, Ste. 350 City or Town Birmingham State Michigan ZIP Code 48009 Telephone Number 248-767-9840 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) afaleslaw@gmail.com Section 5: Issue Please designate one: Valuation – Fill out Sections 4, 5, & 6 below Section 6: Subject Property Information How many parcels are you appealing?1 Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address] Michigan Taxing Authority (City or Township) City Of Boyne City (CHARLEVOIX) County Charlevoix If you are appealing more than one parcel, are they contiguous or adjoining? (*If no, you must file separate appeals for each non-contiguous or non-adjoining parcel.)
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Section 7: Check which of the following you are appealing (check all that apply) True Cash and Taxable Values Section 8: Valuation Information for Each Parcel under Appeal Parcel Number: 15-051-306-017-00 Classification of Property: Real Industrial Current Assessed Value (also known as State Equalized Value) as established by the Board of Review: 12067100 Current Taxable Value as established by the Board of Review: 10515896 What do you believe is the fair market value (also known as True Cash Value)? 5000000 Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 2500000 If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Section 9: Assessment Information Type of Tax Assessment(s): Assessment Number(s): Check all that is being appealed: Check what action prompted this appeal: If “other,” please explain: Section 10: Special Assessment Information Type of Special Assessment: Did you protest the special assessment at the hearing held to confirm the special assessment roll? If Yes, what was the date of the hearing held to confirm the special assessment roll? If No, please explain: Section 11: Classification Information Parcel Number: Current Classification of Property as established by Board of Review: What do you believe is the property’s classification?
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR If improved property, how is the property currently being used? If improved property, for what use was the property designed? Fee Information The filing fee is based on the greater of State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being appealed. If the State Equalized Value or Taxable Value in contention is: Your filing fee is: $100,000.00 and under $250.00 $100,000.01 to $500,000.00 $400.00 $Over $500,000.00 $600.00 * Plus $25.00 for each additional parcel, not to exceed a total filing fee of $2,000.00. A fee of $250.00 is required for the filing of a Special Assessment Appeal. A fee of $250.00 is required for the filing of an Equalization Tax Appeal. A fee of $250.00 is required for the filing of a Non-Property Tax Appeal. A fee of $150.00 is required for the filing of a Classification Tax Appeal Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: /s/ Aaron Fales
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