Franklin Quincy LLC, Petitioner Vs. Township Of Holland, Respondent
- Petitioner
- Franklin Quincy LLC
- Respondent
- Township Of Holland
Case overview
- Docket number
- 25-001650-TT
- Status
- Disposed
- CaseType
- ET Property
- Division
- ET
- County
- Ottawa
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 11 | Consent Judgment | Not recorded | Not recorded | 08/06/2025 | Not recorded | Download |
| 10 | Granted | PET | 9 | 08/06/2025 | Not recorded | Download |
| 9 | A Stipulation has been received. | PET | Not recorded | 08/05/2025 | $50.00 | Download |
| 8 | Proof of service of petition was received. | PET | Not recorded | 06/05/2025 | Not recorded | Download |
| 7 | Petition has been verified | PET | 2 | 07/10/2025 | Not recorded | Download |
| 6 | Notice of Docket Number ET | Not recorded | Not recorded | 07/10/2025 | Not recorded | Download |
| 5 | Appearance | Not recorded | Not recorded | 06/05/2025 | Not recorded | Download |
| 4 | Answer was received | Not recorded | Not recorded | 06/05/2025 | Not recorded | Download |
| 3 | ET Case Info Sheet | Not recorded | Not recorded | 06/05/2025 | Not recorded | Download |
| 2 | A petition was received. | PET | Not recorded | 05/29/2025 | Not recorded | Download |
| 1 | ET Case Info Sheet | Not recorded | Not recorded | 05/29/2025 | $600.00 | Download |
Documents
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Page 1
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 Franklin Quincy LLC, MICHIGAN TAX TRIBUNAL Petitioner, v MTT Docket No. 25-001650 Holland Township, Presiding Judge Respondent. Jason C. Grinnell ORDER GRANTING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT CONSENT JUDGMENT The Tribunal has reviewed the Stipulation and finds that it comports with the mandates of State law.1 As a result, the Tribunal shall enter the parties’ Stipulation. Therefore, IT IS ORDERED that the Joint Stipulation for Entry of Consent Judgment including all attachments, terms and conditions is GRANTED and ADOPTED, unless otherwise indicated. IT IS FURTHER ORDERED that the officer charged with maintaining the assessment rolls for the tax years at issue shall correct or cause the assessment rolls to be corrected to reflect the property’s true cash and taxable values as provided in this Consent Judgment within 20 days of the entry of the Consent Judgment.2 IT IS FURTHER ORDERED that the officer charged with collecting or refunding the affected taxes shall collect taxes and any applicable interest or issue a refund as required by the Consent Judgment within 28 days of the entry of the Consent Judgment. If a refund is warranted, it shall, unless otherwise indicated, include a proportionate share of any property tax administration fees paid and of penalty and interest paid on delinquent taxes. The refund shall also, unless otherwise indicated, separately indicate the amount of the taxes, fees, penalties, and interest being refunded. A sum determined by the Tribunal to have been unlawfully paid shall, unless otherwise indicated, bear interest from the date of payment to the date of judgment and the judgment shall bear interest to the date of its payment. A sum determined by the Tribunal to have been underpaid shall not bear interest for any time period prior to 28 days after the issuance of this Consent Judgment. Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, through June 30, 2016, at the rate of 4.25%, 1 See MCL 211.27a. 2 See MCL 205.755.
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MTT Docket No. 25-001650 Page 2 of 2 (ii) after June 30, 2016, through December 31, 2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at the rate of 4.50%, (iv) after June 30, 2017, through December 31, 2017, at the rate of 4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after December 31, 2018, through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 2019, through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (xv) after December 31, 2023, through June 30, 2024, at the rate of 9.30%, (xvi) after June 30, 2024, through December 31, 2024, at the rate of 9.50%, (xvii) after December 31, 2024, through June 30, 2025, at the rate of 9.47%, and (xviii) after June 30, 2025, through December 31, 2025, at the rate of 8.66%. This Consent Judgment resolves all pending claims in this matter and closes this case. See docket look up for a copy of stipulation and for any possible refund paragraph. By _______________________________ Entered: August 6, 2025 jc 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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61599620.1 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL Franklin Quincy, LLC, Petitioner, v MTT Docket No. 25-001650 Holland Twp., Respondent. _____________________________/ STIPULATION FOR ENTRY OF CONSENT JUDGMENT 1. The parcel is located in Ottawa County. 2. The case is pending in the X Entire Tribunal OR __ Small Claims Division. 3. Property Parcel No: 70-16-05-300-033. 4. The values for the property identified above as established by Respondent’s Board of Review are: Tax Year True Cash Value Assessed Value Taxable Value 2025 $22,050,800 $11,025,400 $11,025,400 5. The values for the property identified above as stipulated by the parties for settlement purposes are: Tax Year True Cash Value State Equalized Value Taxable Value 2025 $20,000,000 $10,000,000 $10,000,000 6. If stipulation addresses tax years other than the tax year originally appealed or tax years added through motions to amend that have been granted by the Tribunal, list the separate facts upon which the parties rely to invoke the Tribunal’s authority over those tax year or years (attach additional page if necessary): 7. List separately any special terms or conditions being proposed by the parties that would affect the execution of this Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc.:
Page 2
MTT Docket No. 25-001650 Stipulation for Entry of Consent Judgment 2 61599620.1 IT IS FURTHER ORDERED AND ADJUDGED that refunds shall be made payable jointly to Petitioner named herein and its counsel, Honigman LLP, and sent to Stewart L. Mandell, Honigman LLP, 660 Woodward, Suite 2290, Detroit, MI 48226. Calculations of the refund amount shall also be sent to Petitioner’s counsel at the same address. HONIGMAN LLP SCHOLTEN FANT Attorneys for Petitioner Attorneys for Respondent By: /s/ Stewart L. Mandell By: /s/ Bradley J. Fisher Stewart L. Mandell (P33781) 39400 Woodward Avenue, Suite 101 Bloomfield Hills, MI 48304-5151 (313) 465-7420 slmandell@honigman.com Bradley J. Fisher (P64608) 100 North Third Street Grand Haven, MI 49417 (616) 842-3030 bfisher@scholtenfant.com Dated: August 5, 2025 Dated: August 5, 2025
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61599620.1 STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL Franklin Quincy, LLC, Petitioner, v MTT Docket No. 25-001650 Holland Twp., Respondent. _____________________________/ STIPULATION FOR ENTRY OF CONSENT JUDGMENT 1. The parcel is located in Ottawa County. 2. The case is pending in the X Entire Tribunal OR __ Small Claims Division. 3. Property Parcel No: 70-16-05-300-033. 4. The values for the property identified above as established by Respondent’s Board of Review are: Tax Year True Cash Value Assessed Value Taxable Value 2025 $22,050,800 $11,025,400 $11,025,400 5. The values for the property identified above as stipulated by the parties for settlement purposes are: Tax Year True Cash Value State Equalized Value Taxable Value 2025 $20,000,000 $10,000,000 $10,000,000 6. If stipulation addresses tax years other than the tax year originally appealed or tax years added through motions to amend that have been granted by the Tribunal, list the separate facts upon which the parties rely to invoke the Tribunal’s authority over those tax year or years (attach additional page if necessary): 7. List separately any special terms or conditions being proposed by the parties that would affect the execution of this Consent Judgment including, but not limited to, the joint payment of the refund, the waiver of interest, etc.:
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MTT Docket No. 25-001650 Stipulation for Entry of Consent Judgment 2 61599620.1 IT IS FURTHER ORDERED AND ADJUDGED that refunds shall be made payable jointly to Petitioner named herein and its counsel, Honigman LLP, and sent to Stewart L. Mandell, Honigman LLP, 660 Woodward, Suite 2290, Detroit, MI 48226. Calculations of the refund amount shall also be sent to Petitioner’s counsel at the same address. HONIGMAN LLP SCHOLTEN FANT Attorneys for Petitioner Attorneys for Respondent By: /s/ Stewart L. Mandell By: /s/ Bradley J. Fisher Stewart L. Mandell (P33781) 39400 Woodward Avenue, Suite 101 Bloomfield Hills, MI 48304-5151 (313) 465-7420 slmandell@honigman.com Bradley J. Fisher (P64608) 100 North Third Street Grand Haven, MI 49417 (616) 842-3030 bfisher@scholtenfant.com Dated: August 5, 2025 Dated: August 5, 2025
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RECEIVED v1 JUN 05 2025 rr STATE OF MICHIGAN MICHIGAN TAX TRIBUNAL DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL Franklin Quincy, LLC, Petitioner, - 7a v. MTT Docket No._A & + OQ) | Le 21 Par . 70-16-05-300-033 Holland Twp, arcel No. 70-16-05-3 Respondent, Stewart L. Mandell (P33781) Honigman LLP Attorneys for Petitioner 39400 Woodward Avenue, Suite 101 Bloomfield Hills, MI 48304-5151 (313) 465-7420 slmandell@honigman.com Proof of Service Lisa Joseph states thaton << / 2 = 76 26, she did serve a copy of Petitioner’s Petition, with docket number, upon the parties named on the attached list. /S/ 9 racph Dated: S| 25) /[ 2 & Lisa Joseph
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BY CERTIFIED UNITED STATES MAIL, RETURN RECEIPT REQUESTED: CLERK HOLLAND TWP. - OTTAWA 353 N. 120TH AVENUE, PO BOX 8127 HOLLAND, MI 49422-8127 ASSESSOR HOLLAND TWP. - OTTAWA 353 N. 120TH AVENUE, PO BOX 8127 HOLLAND, MI 49422-8127 AND BY FIRST-CLASS UNITED STATES MAIL: CLERK OTTAWA COUNTY 12220 FILLMORE STREET, RM 130, PO BOX 310 WEST OLIVE, MI 49460 DIRECTOR OF EQUALIZATION OTTAWA COUNTY 12220 FILLMORE STREET, RM 130, PO BOX 310 WEST OLIVE, MI 49460 SECRETARY OF SCHOOL BOARD HOLLAND PUBLIC SCHOOLS 320 WEST 24TH STREET HOLLAND, MI 49423 STATE TREASURER MICHIGAN DEPARTMENT OF TREASURY TREASURY BUILDING 430 W. ALLEGAN ST. LANSING, MI 48922 25-0085
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25-0071
STATE OF MICHIGAN
DEPARTMENT OF LICENSING & REGULATORY AFFAIRS
MICHIGAN TAX TRIBUNAL
Franklin Quincy, LLC,
Petitioner,
v.
Holland Twp.,
Respondent,
MTT Docket No. ________
Parcel No. 70-16-05-300-033
Stewart L. Mandell (P33781)
Honigman LLP
Attorneys for Petitioner
39400 Woodward Avenue, Suite 101
Bloomfield Hills, MI 48304-5151
(313) 465-7420
slmandell@honigman.com
Petition
Franklin Quincy, LLC (“Petitioner”), through its attorneys, HONIGMAN LLP, says:
1.
Petitioner's principal office address is 55 Shuman Blvd., Suite 178, Naperville, IL
60563. Petitioner is a party in interest with respect to property taxes on tax parcel number 70-16-
05-300-033 ("Petitioner's Property"), with an address of 13467 Quincy St., Holland Twp., located
in Ottawa County, Michigan.
2.
Respondent, Holland Twp. assesses and collects property taxes on Petitioner's
Property.
3.
In 2025, Respondent determined the taxable value of Petitioner's Property to be
$11,025,400 and assessed Petitioner's Property at $11,025,400, which will result in a state
equalized value in the same amount based upon the tentative equalization factor.Page 2
2 60678920.1 4. Petitioner's Property is classified as commercical improved. Petitioner's Property is presently used or available for use for commercial purposes. Petitioner believes that Petitioner's Property was originally designed to be used for commercial 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. No board of review protest was required for Petitioner’s Property. 8. 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 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, is at a higher percentage of true cash value than permissible under the Michigan Constitution and applicable statutes; (c) The assessment, including taxable value and/or state equalized value, is based upon an erroneous determination of the true cash value of that portion of Petitioner's Property that is taxable under Michigan law, and is based upon the application of wrong principles; and, (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.
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3 60678920.1 WHEREFORE, Petitioner requests that the Tax Tribunal enter an Order: (i) reducing the 2025 assessed value, state equalized value, and taxable value of Petitioner's Property from $11,025,400 to $10,000,000; (ii) requiring payment to Petitioner of the refunds attributable to such reductions, plus interest and costs; and (iii) awarding Petitioner any other relief to which it is entitled. Dated: May 28, 2025 Respectfully submitted, HONIGMAN LLP Attorneys for Petitioner By: Stewart L. Mandell (P33781) 39400 Woodward Avenue, Suite 101 Bloomfield Hills, MI 48304-5151 (313) 465-7420 slmandell@honigman.com
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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 Franklin Quincy LLC, Petitioner, MICHIGAN TAX TRIBUNAL v MTT Docket No.: 25-001650 Township Of Holland, 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: July 10, 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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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL FRANKLIN QUINCY, LLC MTT Docket No. 25-001650 Petitioner, Parcel No. 70-16-05-300-033 Vs. HOLLAND CHARTER TOWNSHIP, Respondent. Stewart L. Mandell (P33781) Bradley J. Fisher, Esq. (P64608) HONIGMAN LLP SCHOLTEN FANT Attorneys for Petitioner Attorneys for Respondent 39400 Woodward Avenue, Suite 101. 100 North Third Street, P. O. Box 454 Bloomfield Hills, MI 48304-5151. Grand Haven, MI 49417-0454 Detroit, MI 48226-3506 (616) 842-3030 (313) 465-7420 bfisher@scholtenfant.com slmandell(@honigman.com APPEARANCE PLEASE ENTER THE APPEARANCE of the law firm of Scholten Fant, as attorneys of Dated: June e , 2025 Bradley J. Fisher (P63608) Attorneys for Respondent Holland Charter Township
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL FRANKLIN QUINCY, LLC MTT Docket No. 25-001650 Petitioner, Parcel No. 70-16-05-300-033 vs. HOLLAND CHARTER TOWNSHIP, ANSWER & AFFIRMATIVE DEFENSES Respondent. Stewart L. Mandell (P33781) Bradley J. Fisher, Esq. (P64608) HONIGMAN LLP SCHOLTEN FANT Attorneys for Petitioner Attorneys for Respondent 39400 Woodward Avenue, Suite 101. 100 North Third Street, P. O. Box 454 Bloomfield Hills, MI 48304-5151. Grand Haven, MI 49417-0454 Detroit, MI 48226-3506 (616) 842-3030 (313) 465-7420 bfisher@scholtenfant.com slmandell(@honigman.com RESPONDENT’S ANSWER TO PROPERTY TAX PETITION NOW COMES RESPONDENT, HOLLAND CHARTER TOWNSHIP, by and through its attorneys, Scholten Fant, and for its Answer to Petitioner’s Property Tax Petition, states as follows: 1. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. 2. Admitted. 3. Admitted upon information and belief. 4, Admitted upon information and belief.
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= Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. 6. Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. ds Neither admitted nor denied for lack of sufficient knowledge or information as to form a belief, and therefore leaves the Petitioner to its proofs. 8. Denied as untrue. (a) Denied as untrue. (b) Denied as untrue. (c) Denied as untrue. (d) Denied as untrue. WHEREFORE, Respondent Holland Charter Township respectfully requests that the Tribunal deny Petitioner its requested relief, affirm Respondent’s assessment of the subject property, award Respondent its costs and attorney’s fees in responding to this action and award such further relief as it deems appropriate under the circumstances. Dated: June 5, 2025 Bradley J. Wisher (P64608) Attorneys for Respondent Holland Charter Township AFFIRMATIVE DEFENSES TO PETITIONER’S PROPERTY TAX PETITION NOW COMES HOLLAND CHARTER TOWNSHIP, by and through its attorneys,
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Scholten Fant, and hereby offers the following Affirmative Defenses to the Petitioner’s Property Tax Petition: hi The appropriate methods of assessing the Subject Property were used and those methods conform to the methods used to assess similarly situated property in the State. “4 2. 4. 3s 6. Petitioner has failed to state a claim upon which relief can be granted. Petitioner may not be a proper party-in-interest. Petitioner may not have standing to appeal. The Tribunal may lack subject matter jurisdiction over this appeal. Petitioner may have failed to comply with state property tax law by, inter alia, failing to report or failing to report completely its assessable property such that its property taxes were delinquent or underpaid, such that Petitioner is precluded from appealing its property values, and, such that Respondent should be awarded damages. 7. Respondent reserves the right to add additional affirmative defenses as they become known to it through discovery in this matter. WHEREFORE, Respondent requests that the Tribunal affirm the 2024 assessed and taxable values as determined by Respondent, to dismiss the Petition, and award Respondent its costs, attorney fees and any other relief that the Tribunal determines is fair, just and equitable. Dated: June 5, 2025 Bradley J. Fisher (P64608) Attorneys for Respondent Holland Charter Township
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN OFFICE OF ADMINISTRATIVE HEARINGS AND RULES MICHIGAN TAX TRIBUNAL FRANKLIN QUINCY, LLC MTT Docket No. 25-001650 Petitioner, Parcel No. 70-16-05-300-033 VS. HOLLAND CHARTER TOWNSHIP, Respondent. Stewart L. Mandell (P33781) Bradley J. Fisher, Esq. (P64608) HONIGMAN LLP SCHOLTEN FANT Attorneys for Petitioner Attorneys for Respondent 39400 Woodward Avenue, Suite 101. 100 North Third Street, P. O. Box 454 Bloomfield Hills, MI 48304-5151. Grand Haven, MI 49417-0454 Detroit, MI 48226-3506 (616) 842-3030 (313) 465-7420 bfisher@scholtenfant.com slmandell@honigman.com PROOF OF SERVICE The undersigned certifies that a copy of the Respondent’s Answer to Property Tax Petition and Affirmative Defenses to Petitioner's Property Tax Petition was e-filed with the Michigan Tax Tribunal and served upon all parties and/or attorneys of record to this action to their addresses as disclosed by the pleadings, on June 5, 2025, via U.S. Mail First Class, from Grand Haven, Michigan, with postage thereon fully prepaid. Dated: June 5, 2025 Legal Assistant to Bradley J. Fisher
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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. 25-001650 Section 1: Respondent’s Contact Information Filer Type: Local Unit of Government City Of Holland (OTTAWA) 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 Bradley M.I. J. Last Name Fisher Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) 100 N. Third Street P. O. Box 454 City or Town Grand Haven State Michigan ZIP Code 49417 Telephone Number 616-842-3030 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) bfisher@scholtenfant.com Electronic Signature *Typing your name below will serve as your signature Respondent or Authorized Attorney/Representative’s Signature: Bradley J. Fisher /s/
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25-0071
STATE OF MICHIGAN
DEPARTMENT OF LICENSING & REGULATORY AFFAIRS
MICHIGAN TAX TRIBUNAL
Franklin Quincy, LLC,
Petitioner,
v.
Holland Twp.,
Respondent,
MTT Docket No. ________
Parcel No. 70-16-05-300-033
Stewart L. Mandell (P33781)
Honigman LLP
Attorneys for Petitioner
39400 Woodward Avenue, Suite 101
Bloomfield Hills, MI 48304-5151
(313) 465-7420
slmandell@honigman.com
Petition
Franklin Quincy, LLC (“Petitioner”), through its attorneys, HONIGMAN LLP, says:
1.
Petitioner's principal office address is 55 Shuman Blvd., Suite 178, Naperville, IL
60563. Petitioner is a party in interest with respect to property taxes on tax parcel number 70-16-
05-300-033 ("Petitioner's Property"), with an address of 13467 Quincy St., Holland Twp., located
in Ottawa County, Michigan.
2.
Respondent, Holland Twp. assesses and collects property taxes on Petitioner's
Property.
3.
In 2025, Respondent determined the taxable value of Petitioner's Property to be
$11,025,400 and assessed Petitioner's Property at $11,025,400, which will result in a state
equalized value in the same amount based upon the tentative equalization factor.Page 2
2 60678920.1 4. Petitioner's Property is classified as commercical improved. Petitioner's Property is presently used or available for use for commercial purposes. Petitioner believes that Petitioner's Property was originally designed to be used for commercial 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. No board of review protest was required for Petitioner’s Property. 8. 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 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, is at a higher percentage of true cash value than permissible under the Michigan Constitution and applicable statutes; (c) The assessment, including taxable value and/or state equalized value, is based upon an erroneous determination of the true cash value of that portion of Petitioner's Property that is taxable under Michigan law, and is based upon the application of wrong principles; and, (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.
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3 60678920.1 WHEREFORE, Petitioner requests that the Tax Tribunal enter an Order: (i) reducing the 2025 assessed value, state equalized value, and taxable value of Petitioner's Property from $11,025,400 to $10,000,000; (ii) requiring payment to Petitioner of the refunds attributable to such reductions, plus interest and costs; and (iii) awarding Petitioner any other relief to which it is entitled. Dated: May 28, 2025 Respectfully submitted, HONIGMAN LLP Attorneys for Petitioner By: Stewart L. Mandell (P33781) 39400 Woodward Avenue, Suite 101 Bloomfield Hills, MI 48304-5151 (313) 465-7420 slmandell@honigman.com
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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 Franklin Quincy, LLC Home Address (No., Street, P.O. Box or Rural Route) 55 Shuman Blvd. City or Town Naperville State Illinois ZIP Code 60563 Telephone Number 2485668300 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) ljoseph@honigman.com Section 2: Attorney/Authorized Representative’s Contact Information First Name Stewart M.I. Last Name Mandell Firm Name (if any) Honigman LLP Address (No., Street, P.O. Box or Rural Route) 2290 First National Building 660 Woodward Avenue City or Town Detroit State Michigan ZIP Code 48226 Telephone Number 313-465-7420 Fax Number 313-465-7421 E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) slmandell@honigman.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) Township Of Holland (MISSAUKEE) County Missaukee 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: 70-16-05-300-033 Classification of Property: Real Commercial Current Assessed Value (also known as State Equalized Value) as established by the Board of Review: 11025400 Current Taxable Value as established by the Board of Review: 11025400 What do you believe is the fair market value (also known as True Cash Value)? 20000000 Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value). 10000000 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/ Stewart L. Mandell
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