Answer Aff. Defs. & POS.pdf

L & M Investment Co. Petitioner Vs. Township Of Shelby, Township Of Shelby Respondents · 26-000944-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 

 

L & M INVESTMENT CO., 

 

 

Petitioner, 

 

 

 

 

 

 

 

 

MTT Docket No. 26-000944 

vs. 

 

 

 

 

 

 

 

 

Parcel No. 23-07-21-476-010 

CHARTER TOWNSHIP OF SHELBY, 

 

Respondent. 

_____________________________________________________________________________/ 

LAW OFFICE OF AARON M. FALES, P.C. 

AARON M. FALES, (P72864) 

Attorneys for Petitioner 

330 Hamilton Row, Suite 350 

Birmingham, MI 48009 

(248) 767-9840 

afaleslaw@gmail.com 

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 admits the allegations contained therein. 

3. 

Answering Paragraph 3, Respondent admits the allegations contained therein. 

4. 

Answering Paragraph 4, Respondent admits the allegations contained therein.

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KIRK , HUTH , LANGE & BADALAMENTI , P . L . C . 

5. 

Answering Paragraph 5, 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. 

6. 

Answering Paragraph 6, 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. 

7. 

Answering Paragraph 7, Respondent denies the allegations contained therein for the 

reason they are untrue, inclusive of paragraphs (a) through (d). 

Respondent requests that the Tribunal deny the relief requested and uphold the assessment 

issued. 

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 

Petitioners’ 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 17, 2026

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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 17, 2026

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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 

 

L & M INVESTMENT CO., 

 

 

Petitioner, 

 

 

 

 

 

 

 

 

MTT Docket No. 26-000944 

vs. 

 

 

 

 

 

 

 

 

Parcel No. 23-07-21-476-010 

 

Respondent. 

 

 

 

 

 

/ 

 

PROOF OF SERVICE 

 

 

The undersigned certifies that on August 17, 2026, she served a copy of: 

 

Respondent’s Answer to Petition, Affirmative Defenses and Proof of Service 

 

upon: 

 

Aaron M. Fales, Esq. 

Law Office of Aaron M. Fales, P.C. 

330 Hamilton Row, Ste. 350 

Birmingham, MI 48009 

 

 

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

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