Answer Aff. Defs. & POS.pdf

The Kroger Co Of Michigan Petitioner Vs. Township Of Shelby Respondent · 26-001551-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 

 

THE KROGER CO. OF MICHIGAN, 

 

 

Petitioner, 

 

 

 

 

 

 

 

 

MTT Docket No. 26-001551-TT 

 

 

 

 

 

 

 

 

Parcel No. 23-07-13-400-070 

CHARTER TOWNSHIP OF SHELBY, 

 

Respondent. 

_____________________________________________________________________________/ 

DuCHARME, McMILLEN & 

 ASSOCIATES, INC. 

MICHELLE (Mikki) M. SILVEY (P69494) 

ALEX MORSE 

CAMERON BECKNER 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467 – Ofc, 

(917) 488-7825 (Mobile) 

msilvey@dmainc.com 

amorse@dmainc.com 

cbckner@dmainc.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 admits the allegations contained therein. 

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 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 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. 

12. 

Answering Paragraph 12, Respondent admits the allegations contained therein. 

13. 

Answering Paragraph 13, Respondent admits the allegations contained therein. 

14. 

Answering Paragraph 14, Respondent denies the allegations contained therein for the 

reason they are untrue. 

15. 

Answering Paragraph 15, 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. 

16. 

Answering Paragraph 16, 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.

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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: September 16, 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: September 16, 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 

 

THE KROGER CO. OF MICHIGAN, 

 

 

Petitioner, 

 

 

 

 

 

 

 

 

MTT Docket No. 26-001551-TT 

 

 

 

 

 

 

 

 

Parcel No. 23-07-13-400-070 

CHARTER TOWNSHIP OF SHELBY, 

 

Respondent. 

 

 

 

 

 

/ 

 

PROOF OF SERVICE 

 

 

The undersigned certifies that on September 16, 2026, she served a copy of: 

 

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

 

upon: 

 

Michelle (Mikki) Silvey 

DuCharme, McMillen & Associates, Inc. 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

 

 

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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