A lawsuit has been filed on behalf of two Gogebic county residents alleging Congressman Jack Bergman's property tax cuts are not valid.

"That county is recently so devastated economically that it can't afford to lose its tax base," said Robert Anderson, Certified Elder Law Attorney and a Master of Law in Taxation. "Why can't the Bergmans pay their fair share of property taxes just like everybody else?"

According to the lawsuit, Congressman Bergman is claiming a primary residence exemption (PRE) on his Watersmeet Township home, meaning he qualifies for a 50 percent savings on his property taxes. The lawsuit says Congressman Bergman spends more time in his Louisiana home than he does in the Upper Peninsula. The lawsuit is saying he should pay full Michigan taxes.

"It's motivated to bring to the attention of the people of the first district's attention yet again that Jack Bergman's connection to Michigan is basically a paper trail," said attorney Brian Bloch.

The case against Gogebic County and State Treasurer Nick Khouri is asking for a full audit of Congressman Bergman's utility bills.

In his written response, Congressman Bergman states:

"I've provided the Gogebic County treasurer with all requested documentation, and have received a letter in return stating my PRE was valid."

With less than a week before election day on Tuesday, November 6, Attorney Anderson says the lawsuit is not politically motivated and he believes his clients have a solid case against the county and state treasurer.

"I feel that we need to be good public citizens and to bring these matters to the attention of the public and to ask his actual usage of utilities out there," said Anderson.

TV6 reached out to state treasurer Nick Khouri, but Mr. Khouri was unable to comment on the lawsuit because it is still in progress. TV6 also reached out to the Gogebic County treasurer and both plaintiffs in the case, Will Davis and William Jorns, but have not heard back.

To read the entire 22-page lawsuit refer to the 'Related Articles' section.

The following is Congressman Bergman's statement in full:

"We're four days away from the election, and just like our below the bridge opponent Lon Johnson in 2016, the only way my opposition feels they can move forward is with gimmicks, lies, and smears. The people of the First District see right through the noise.

Here are the facts:

1. It's no surprise Democratic delegates and former Democratic candidates, who contribute sizable amounts to my opponent, are trying to slander my reputation.

2. My grandfather migrated to the U.P. to work in the mines, and my father was born in Ironwood. I bought property and built my home in Watersmeet in the early 90's and have remained a resident since that day.

3. Following the terror attacks on September 11th, I was recalled to active duty, and stationed in Quantico, Virginia. Years later, when I had the honor of pinning on my third star, I was given command of Marine Corps Forces Reserve and Marine Corps Forces North in New Orleans, Louisiana. My residency has always remained at our home in Watersmeet, and that will never change.

4. I've provided the Gogebic County treasurer with all requested documentation, and have received a letter in return stating my PRE was valid.

5. My opponents failing campaign immediately gloating on social media following the article in the Mining Journal, once again shows that this is nothing but political shenanigans.

-Lt. Gen Jack Bergman"

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A lawsuit has been filed in relation to Congressman Jack Bergman's (R-1st District) principal residence exemption (PRE) for his property taxes in Watersmeet Township in Gogebic County.

The lawsuit was filed on October 5, 2018, in Gogebic County courts, against Nick A. Khouri, the Treasurer of the Michigan Department of Treasury.

Petitioners William David and William Jorns, through their attorneys, Brain Bloch and Robert C. Anderson, are asking for a "Writ of Mandamus" which "is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion."

The petition asks the State Treasurer to "perform his ministerial duties...to conduct a complete and comprehensive audit of Jack and Cynthia Bergman's eligibility to maintain their current principal residence exemption (PRE) from the school tax portion of real property taxes..."

Some of the allegations in the lawsuit include:

- that the Bergmans are wrongfully claiming PRE status for the Watersmeet Township residence;

- that all mail for the couple is forwarded to a residence in Louisiana;

- that PRE exemption was based on voter status instead of measuring utility usage;

- and that Khouri has neglected his duties to conduct an audit.

Because Khouri resides outside of Gogebic County, and his copy of the lawsuit was mailed to him, he has 28 days to file a written answer to the court. This would leave a response time until Friday, November 2, 2018.

To read the entire lawsuit, and view additional exhibits submitted, check out the related document in this article.

TV6 & FOX UP is reaching out to all parties involved to further discuss this case.