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Answer Aff Def & POS - 26-001134.pdf

Sg Elms LLC - Loa Petitioner Vs. Township Of Meridian Respondent · 26-001134-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

_______________________________________ 

 

SG ELMS LLC - LOA, 

 

 

 

 

Petitioner, 

 

v 

 

MERIDIAN TOWNSHIP, 

 

 

 

 

Respondent. 

MTT Docket No. 26-001134 

 

Parcel No. 33-02-02-20-203-012 

 

 

 

______________________________________/ 

 

Brian Thomas 

Integrity Tax Consulting 

Representative for Petition 

6615 Brotherhood Way 

Fort Wayne, IN 46825 

(260) 637-8699 

bthomas@integritytax.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 

 

 

Respondent, MERIDIAN TOWNSHIP, by and through its counsel, FAHEY SCHULTZ 

BURZYCH RHODES PLC, hereby answers Petitioner’s Entire Tribunal Property Tax Petition as 

follows: 

 

1. 

Property Parcel No: 33-02-02-20-203-012 (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.

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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 (left blank on petition). 

 

4. 

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

appeal? 

Yes 

No. (If no, separate Petitions are required for each 

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

 

ANSWER: N/A (left blank on petition). 

 

5. 

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

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

 

 

 

ANSWER: N/A (left blank on petition). 

 

6. 

The property identified above is classified as 201 Commercial Improved

 

ANSWER: Respondent admits the allegation contained in the above 

paragraph. 

 

7. 

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

Respondent’s 

March 

July 

December Board of Review. 

 

ANSWER: N/A (left blank on petition). 

 

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): 

 

 

 

ANSWER: N/A (left blank on petition).

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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): 

 

 

 

ANSWER: N/A (left blank on petition). 

 

10. 

The 

property 

or 

properties 

at 

issue 

are 

located 

in 

Ingham 

County. The property or properties’ address is: 

 

2703 Grand River Ave. 

East Lansing, MI 48823 

 

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): Meridian Township

 

ANSWER: Respondent admits the allegation contained in the above 

paragraph. 

 

12. 

Petitioner’s legal residence or principal office address is: 

 

SG Elms LLC 

763 Shadow Bay Way 

Osprey, FL 34229 

 

ANSWER: Respondent states that it is without sufficient knowledge or 

information upon which to form a belief as to the truth of the allegation, which 

is 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

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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): 

 

 

ANSWER: N/A (left blank on petition). 

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 

2,254,800 

1,127,400 

1,127,400 

 

ANSWER: Respondent admits the allegation 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 

1,700,000 

850,000 

850,000 

 

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 

554,800 

277,400 

277,400

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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. 

 

19. 

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

 

We respectfully request that the taxable value and assessed value be corrected to 

$850000 with the true cash value $1700000 

 

ANSWER: Respondent respectfully requests that the 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): 

 

The subject property is a car wash building. Review of this type building as well 

as an appraisal supports a much lower valuation. We would respectfully request 

the assessment be adjusted to more appropriately represent the value of the 

subject property. 

 

ANSWER: Respondent admits only the contended use of the subject property 

contained in the above paragraph. Answering further, Respondent denies the 

allegations contained in the above paragraph. 

 

Respectfully Submitted, 

 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

August 20, 2026 

 

 

 

_________________________________ 

Ross K. Bower II (P70574) 

4151 Okemos Road 

Okemos, MI 48864 

(517) 381-0100

Page 6

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

_______________________________________ 

 

SG ELMS LLC - LOA, 

 

 

 

 

Petitioner, 

 

v 

 

MERIDIAN TOWNSHIP, 

 

 

 

 

Respondent. 

MTT Docket No. 26-001134 

 

Parcel No. 33-02-02-20-203-012 

 

 

 

______________________________________/ 

 

Brian Thomas 

Integrity Tax Consulting 

Representative for Petition 

6615 Brotherhood Way 

Fort Wayne, IN 46825 

(260) 637-8699 

bthomas@integritytax.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 MERIDIAN TOWNSHIP, 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: August 20, 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 9

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

_______________________________________ 

 

SG ELMS LLC - LOA, 

 

 

 

 

Petitioner, 

 

v 

 

MERIDIAN TOWNSHIP, 

 

 

 

 

Respondent. 

MTT Docket No. 26-001134 

 

Parcel No. 33-02-02-20-203-012 

 

 

 

______________________________________/ 

 

Brian Thomas 

Integrity Tax Consulting 

Representative for Petition 

6615 Brotherhood Way 

Fort Wayne, IN 46825 

(260) 637-8699 

bthomas@integritytax.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 August 20, 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: 

Brian Thomas 

Integrity Tax Consulting 

6615 Brotherhood Way 

Fort Wayne, IN 46825 

 

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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