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Answer Aff Def & POS 26-001430.pdf

2Realty Investments LLC Petitioner Vs. Township Of Denton Respondent · 26-001430-TT

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Page 1

TATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

_______________________________________ 

 

2REALTY INVESTMENTS LLC, 

 

 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF DENTON, 

 

 

 

 

Respondent. 

MTT Docket No. 26-001430 

 

Parcel No. 72003-370-254-1000 

 

 

 

______________________________________/ 

 

Steve Johnson 

Michigan Tax Appeal Services 

Representative for Petitioner 

436 N. Center Street 

Northville, MI 48167 

Tel: (248) 392-4342 

info@mitaxappeal.com 

 

Ross K. Bower II (P70574) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, MI 48864 

Tel: (517) 381-0100 

Fax: (517) 381-5051 

rbower@fsbrlaw.com 

_______________________________________/ 

 

ANSWER TO ENTIRE TRIBUNAL PROPERTY TAX PETITION 

1. 

Property Parcel No: 72003-370-254-1000 

 (If more than one parcel is at issue, attach a 

completed Multiple Parcel Petition Form addressing all other parcels at issue.) 

ANSWER: Respondent admits the allegation contained in the above paragraph. 

 

2. 

The property identified above is _X__ real ___ personal. 

 

ANSWER: Respondent admits the allegation contained in the above paragraph. 

 

3. 

If more than one parcel of real property is under appeal, are the properties contiguous? 

___Yes ___No. (If no, separate Petitions are required for each non-contiguous parcel.) 

 

ANSWER: N/A. 

 

4. 

Are all of the parcels of personal property located on a parcel of real property under 

appeal? _ Yes X No. (If no, separate Petitions are required for each parcel of personal 

property not located on a parcel of real property under appeal.)

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2 

 

ANSWER: Respondent neither admits nor denies the allegation contained in the 

above paragraph. Answering further, Respondent believes that only one parcel of real 

property is involved in the pending appeal. 

 

5. 

If parcels of personal property are under appeal, when were the personal property 

statements filed by parcel number (attach additional page if necessary): N/A 

 

ANSWER: N/A

 

 

6. 

The property identified above is classified as COMMERCIAL 

 

ANSWER: Respondent admits that the subject parcel is classified Commercial-Real. 

 

7. 

If the assessment or assessments at issue were protested, the protest was made to 

Respondent’s _ March _ July _ December Board of Review. 

 

ANSWER: The above paragraph was left blank on the petition. Upon information 

and belief, Petitioner did not protest at the Board of Review. 

 

8. 

If a protest was required and no protest was made, list the separate and specific facts upon 

which Petitioner relies to invoke the Tribunal's authority over the assessment or 

assessments at issue (attach additional page if necessary): N/A 

 

ANSWER: N/A 

 

9. 

If the appeal was not submitted by the deadline for the filing of an appeal for the 

classification or classifications of the properties at issue (i.e., May 31 or July 31 of the 

tax year involved), list the separate and specific facts upon which Petitioner relies to 

invoke the Tribunal's authority over the assessment or assessments at issue (attach 

additional page if necessary): N/A 

 

ANSWER: N/A 

 

10. 

The property or properties at issue are located in Roscommon County. The property or 

properties’ address is: 1200 W. Houghton Lk Dr, Prudenville, MI 48651 

 

ANSWER: Respondent admits the allegations contained in the above paragraph. 

 

11. 

The assessment or assessments at issue were established by the (applicable local 

governmental unit): Township of Denton 

 

ANSWER: Respondent admits the allegation contained in the above paragraph. 

 

12. 

Petitioner's legal residence or principal office address is: 29325 Kennedy Ct, Farmington 

Hills, MI 48331

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3 

 

 

ANSWER: Respondent states that it is without sufficient knowledge or information 

upon which to form a belief as to the truth of the allegations, which are therefore 

deemed denied, leaving Petitioner to its proofs. 

 

13. 

This appeal involves issues relating to the (check all that are applicable): 

_X__the property or properties' true cash and taxable values 

____the property or properties' taxable value only 

If the property or properties' taxable value is at issue, is there a dispute as 

to the value of an addition or loss?_ Yes _No 

____uniformity of the property or properties' assessment 

____the property or the properties' exemption from ad valorem taxation under MCL____ 

 

ANSWER: Respondent states that the legal conclusions require no answer, and 

to the extent that an answer may be required, neither admits nor denies the 

allegations contained in the above paragraph and leaves Petitioner to its proofs. 

 

14. 

The tax year(s) at issue are: 2026 

ANSWER: Respondent admits that Petitioner purports to contest the subject 

property’s true cash and taxable values for the 2026 tax year. 

 

15. 

If more than the current tax year is being appealed, list the separate and specific facts upon 

which Petitioner relies to invoke the Tribunal's authority over the prior tax year or years 

(attach additional page if necessary) N/A 

 

ANSWER: N/A 

 

16. 

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 

2026 

597,000 

298,500 

236,623 

 

ANSWER: Respondent admits the allegations contained in the above paragraph. 

 

17. 

Petitioner contends that the values for the property identified above are: 

 

Tax Year 

True Cash Value 

State Equalized Value 

Taxable Value 

2026 

200,000 

100,000 

100,000

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ANSWER: Respondent admits only that Petitioner purports to make the indicated 

contentions of value but denies that Petitioner’s contentions have merit and asserts 

that the petition should be dismissed, incorporating its additional answers and 

affirmative defenses. 

 

18. 

The values in dispute for the property identified above are: 

 

Tax Year 

True Cash Value 

State Equalized Value 

Taxable Value 

2026 

397,000 

198,500 

136,623 

 

ANSWER: Respondent admits only that Petitioner purports to make the indicated 

contentions of value but denies that Petitioner’s contentions have merit and asserts 

that the petition should be dismissed, incorporating its additional answers and 

affirmative defenses. 

 

19. 

Petitioner requests the following relief (attach additional page if necessary): 

 

ANSWER: Respondent denies Petitioner’s contentions of value have merit and 

requests that this Tribunal deny Petitioner’s requests. 

 

20. 

List the separate and specific facts upon which Petitioner relies to support the relief requested 

(attach additional page if necessary): 

 

ANSWER: Respondent denies the allegation contained in the above paragraph. 

 

 

 

 

 

Dated: October 22, 2026 

Respectfully submitted, 

 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

 

 

By: __________________________________ 

 Ross K. Bower II (P70574) 

 4151 Okemos Road 

 Okemos, MI 48864 

 (517) 381-0100 

Petitioner requests the Tribunal reduce the assessed and state equalized values 

from 298,500 to 100,000 and the taxable value from 236,623 to 100,000 and 

order a refund with interest and provided in the Tax Tribunal Act 

Our initial review of the subject property indicates the assessment exceeds 

50% of the true cash value.

Page 5

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

_______________________________________ 

 

2REALTY INVESTMENTS LLC, 

 

 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF DENTON, 

 

 

 

 

Respondent. 

MTT Docket No. 26-001430 

 

Parcel No. 72003-370-254-1000 

 

 

 

______________________________________/ 

 

Steve Johnson 

Michigan Tax Appeal Services 

Representative for Petitioner 

436 N. Center Street 

Northville, MI 48167 

Tel: (248) 392-4342 

info@mitaxappeal.com 

 

Ross K. Bower II (P70574) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, MI 48864 

Tel: (517) 381-0100 

Fax: (517) 381-5051 

rbower@fsbrlaw.com 

_______________________________________/ 

 

AFFIRMATIVE DEFENSES 

 

Respondent TOWNSHIP OF DENTON, by and through its attorneys, FAHEY SCHULTZ 

BURZYCH RHODES PLC, states as follows for its Affirmative Defenses: 

1. Petitioner failed to state a claim for which its requested relief, or any other relief, may 

be granted. 

2. If the proofs shall show, Petitioner’s conduct renders it estopped or otherwise barred 

from asserting the claims presented in the Petition. 

3. If the proofs shall show, Petitioner’s claim is barred by the applicable statute(s) of 

limitations, laches, and/or undue delay.

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4. Petitioner’s legal theories and requested relief are either not recognized as valid under 

Michigan law or have no application to the facts of this case. 

5. Some or all of Petitioner’s claims and requests for relief are barred on jurisdictional or 

jurisprudential grounds as moot, not ripe, and/or not within the Tribunal’s jurisdiction 

and authority. 

6. There is no issue of material fact, and Respondent is entitled to the dismissal of the 

Petition in its entirety and with prejudice. 

7. Petitioner waived any right to assert the claims presented in the petition, or its claims 

are otherwise barred in whole or in part, by lack of standing, failure to be the real party 

in interest, agreement, consent, acquiescence, ratification, course of conduct or 

performance, promissory and/or other estoppel, misrepresentation, release, 

abandonment, or violation of law. 

8. Petitioner may have failed to allege specific facts sufficient to establish fraud, error of 

law, discrimination, the application of wrong principles, or illegality on the part of 

Respondent. 

9. Petitioner may have failed to allege specific facts sufficient to support its allegation 

that the assessed value of the subject property, as equalized, is at a level other than 50% 

of the subject property’s true cash value or that the subject property’s taxable value is 

incorrect. 

10. Petitioner has asked this Tribunal to grant it an illegal preference by application of a 

method of assessment different that that utilized in the assessment of other properties 

in Respondent’s taxing unit, thereby shifting an otherwise equitable tax burden to 

Respondent’s remaining taxpayers.

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11. Respondent acted lawfully pursuant to the applicable statutes, rules, regulations, and 

guidelines. 

12. Petitioner’s characterization of the assessment(s) and taxes is contrary to law and 

refuted by documentary evidence. 

13. Respondent reserves the right to amend and supplement these affirmative defenses as 

facts are learned through continuing investigation and discovery and as the Tribunal 

permits. 

 

 

 

 

 

 

Dated: October 22, 2026 

Respectfully submitted, 

 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

 

 

By: __________________________________ 

 Ross K. Bower II (P70574) 

 4151 Okemos Road 

 Okemos, MI 48864 

 (517) 381-0100

Page 8

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

_______________________________________ 

 

2REALTY INVESTMENTS LLC, 

 

 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF DENTON, 

 

 

 

 

Respondent. 

MTT Docket No. 26-001430 

 

Parcel No. 72003-370-254-1000 

 

 

 

______________________________________/ 

 

Steve Johnson 

Michigan Tax Appeal Services 

Representative for Petitioner 

436 N. Center Street 

Northville, MI 48167 

Tel: (248) 392-4342 

info@mitaxappeal.com 

 

Ross K. Bower II (P70574) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, MI 48864 

Tel: (517) 381-0100 

Fax: (517) 381-5051 

rbower@fsbrlaw.com 

_______________________________________/ 

 

PROOF OF SERVICE 

Jamy A. Staffeld states that on October 22, 2026 she served a copy of Answer to Entire 

Tribunal Property Tax Petition, Affirmative Defenses, and this Proof of Service, upon the following 

via first class mail: 

 

 

Steve Johnson 

Michigan Tax Appeal Services 

436 N. Center Street 

Northville, MI 48167 

 

I declare that the statements above are true to the best of my information, knowledge, and 

 

belief. 

/s/ Jamy A Staffeld 

 

Jamy A. Staffeld

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