Answer to Petition Aff Defs & POS.pdf
Shelby Parkway Development Company LLC Petitioner Vs. Township Of Shelby Respondent · 26-001184-TT
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KIRK , HUTH , LANGE & BADALAMENTI , P . L . C . STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SHELBY PARKWAY DEVELOPMENT COMPANY LLC, Petitioner, MTT Docket No. 26-001184 vs. Parcel No. 23-07-14-101-026 CHARTER TOWNSHIP OF SHELBY, Respondent. _____________________________________________________________________________/ DELOITTE TAX, LLP EDWARD U. BLANCHARD TYLER WALSH Representatives for Petitioner 2200 Ross Ave., Suite 1600 Dallas, TX 75201 (313) 597-4765 KIRK, HUTH, LANGE & BADALAMENTI, PLC ROSEMARY V. DAVIS (P47336) ROBERT S. HUTH, JR. (P42531) Attorneys for Respondent 19500 Hall Road, Suite 100 Clinton Township, MI 48038 (586) 412-4900 rdavis@kirkhuthlaw.com _____________________________________________________________________________/ RESPONDENT’S ANSWER TO PETITION NOW COMES the Respondent, CHARTER TOWNSHIP OF SHELBY, by and through its attorneys, KIRK, HUTH, LANGE & BADALAMENTI, PLC, and for its Answer to Petition, states as follows: 1. Answering Paragraph 1, Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations set forth therein and therefore leaves Petitioner to its strict proofs. 2. Answering Paragraph 2, Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations set forth therein and therefore leaves Petitioner to its strict proofs.
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2 S:\S\Shelby\Tax Tribunals\Shelby Parkway 26-001184\Answer to Petition Aff Defs & POS.doc KIRK , HUTH , LANGE & BADALAMENTI , P . L . C . 3. Answering Paragraph 3, Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations set forth therein and therefore leaves Petitioner to its strict proofs. 4. Answering Paragraph 4, Respondent admits the allegations contained therein. 5. Answering Paragraph 5, Respondent admits the allegations contained therein. 6. Answering Paragraph 6, Respondent admits the allegations contained therein. 7. Answering Paragraph 7, Respondent admits the allegations contained therein. 8. Answering Paragraph 8, Respondent admits the allegations contained therein. 9. Answering Paragraph 9, Respondent admits the allegations contained therein. 10. Answering Paragraph 10, Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations set forth therein and therefore leaves Petitioner to its strict proofs. 11. Answering Paragraph 11, Respondent admits the allegations contained therein. 12. Answering Paragraph 12, Respondent denies the allegations contained therein for the reason they are untrue. 13. Answering Paragraph 13, Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegations set forth therein and therefore leaves Petitioner to its strict proofs. 14. Answering Paragraph 14, Respondent denies the allegations contained therein for the reason they are untrue. 15. Answering Paragraph 15, Respondent requests that the Tribunal deny the relief requested and uphold the assessment issued.
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3 S:\S\Shelby\Tax Tribunals\Shelby Parkway 26-001184\Answer to Petition Aff Defs & POS.doc KIRK , HUTH , LANGE & BADALAMENTI , P . L . C . Respondent reserves the right to amend this Answer to include any additional defenses or information that may become known to Respondent during the course of this proceeding. WHEREFORE, Respondent respectfully requests that this Honorable Tribunal dismiss Petitioner’s Petition and grant any further relief that this Tribunal deems appropriate and just. Respectfully Submitted, KIRK, HUTH, LANGE & BADALAMENTI, PLC /s/Rosemary V. Davis ROSEMARY V. DAVIS (P47336) Attorneys for Respondent 19500 Hall Road, Ste. 100 Clinton Township, MI 48038 (586) 412-4900 Dated: August 25, 2026
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4 S:\S\Shelby\Tax Tribunals\Shelby Parkway 26-001184\Answer to Petition Aff Defs & POS.doc KIRK , HUTH , LANGE & BADALAMENTI , P . L . C . AFFIRMATIVE DEFENSES Respondent, CHARTER TOWNSHIP OF SHELBY, through its attorneys, KIRK, HUTH, LANGE & BADALAMENTI, PLC, files the following Affirmative Defenses: 1. Petitioner has failed to allege specific and sufficient facts upon which the mode and method of appraising property fail to conform with mode and method applied to all other properties in the community. 2. Petitioner has failed to show that any fact other than 50 percent was applied to the true cash value of the property. 3. Petitioner is asking this Honorable Tribunal to make an underassessment based upon an arbitrary basis. 4. A levy of all taxes are required to be made based upon the assessment of 50 percent of true cash value as ultimately determined by the process of county and state equalization. 5. Respondent reserves the right to file additional affirmative defenses as may become apparent in this case. Respectfully Submitted, KIRK, HUTH, LANGE & BADALAMENTI, PLC /s/Rosemary V. Davis ROSEMARY V. DAVIS (P47336) Attorneys for Respondent 19500 Hall Road, Ste. 100 Clinton Township, MI 48038 (586) 412-4900 Dated: August 25, 2026
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5 S:\S\Shelby\Tax Tribunals\Shelby Parkway 26-001184\Answer to Petition Aff Defs & POS.doc KIRK , HUTH , LANGE & BADALAMENTI , P . L . C . STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL SHELBY PARKWAY DEVELOPMENT COMPANY LLC, Petitioner, MTT Docket No. 26-001185 vs. Parcel No. 23-07-14-101-026 CHARTER TOWNSHIP OF SHELBY, Respondent. / PROOF OF SERVICE The undersigned certifies that on August 25, 2026, she served a copy of: Respondent’s Answer to Petition, Affirmative Defenses and Proof of Service upon: Edward U. Blanchard Tyler Walsh Deloitte Tax, LLP 2200 Ross Ave., Suite 1600 Dallas, TX 75201 via First Class Mail, with postage prepaid thereon. I declare that the above information is true to the best of my information, knowledge and belief. /s/Carol Wilson Carol Wilson