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Answer Aff Def & POS - 26-001441.pdf

Topvalco Inc Petitioner Vs. Township Of Brighton Respondent · 26-001441-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

TOPVALCO INC., 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF BRIGHTON, 

 

 

Respondent. 

MTT DOCKET No. 26-001441 

 

PARCEL NO. 4712-32-300-075 

 

 

______________________________________/ 

 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Cameron Beckner 

DuCharme, McMillen & Associates, Inc. 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 596-3260 

msilvey@dmainc.com 

amorse@dmainc.com 

cbeckner@dmainc.com 

Ross K. Bower II (P70574) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com 

 

______________________________________/ 

 

ANSWER TO ENTIRE TRIBUNAL PROPERTY TAX PETITION 

 

 

1. Property Parcel No.: 4712-32-300-075 

 

 

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

 

2. The property identified above is real 

. 

 

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

 

3. Only one parcel of property is the subject of this appeal. 

 

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

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4. Petitioner owns and/or otherwise holds an interest in the parcel of property that is the 

subject of this appeal. 

 

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

upon which to form a belief as to the truth of the allegations contained in the above 

paragraph, which are therefore deemed denied, leaving Petitioner to its proofs. 

 

5. The property identified above is classified as 201 Commercial-Improved 

. 

 

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

 

6. The assessment(s) at issue were not protested to Respondent’s March, July, or December 

Board of Review as a protest was not required. 

 

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. 

7. The property or properties at issue are in Livingston County. 

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

 

8. The property or properties’ address is: 

9968 E Grand River Ave, Brighton, MI 48116. 

 

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

 

9. The assessment(s) at issue were established by the: Brighton Township 

. 

 

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

 

10. Petitioner’s legal residence or principal office address is: 

1014 Vine Street, Cincinnati, OH 45202 

 

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

upon which to form a belief as to the truth of the allegation contained in the above 

paragraph, which are therefore deemed denied, leaving Petitioner to its proofs. 

 

11. This appeal involves issues relating to the property or properties’ true cash and taxable 

values and uniformity. 

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, leaving Petitioner to its proofs.

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12. The tax year at issue is: 2026. 

 

ANSWER: Respondent admits that Petitioner purports to contest the subject 

property’s true cash and taxable values and the uniformity of the assessment for the 

2026 tax year. 

 

13. The values for the property identified above as established by Respondent’s 2026 Board of 

Review are: 

 

Tax 

Year 

True 

Cash 

Value 

Assessed 

Value 

Taxable 

Value 

2026 

$10,146,400 

$5,073,200 

$4,585,411 

 

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

 

14. Petitioner contends the values for tax year 2026 are no more than the following: 

 

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2026 

$5,036,400 

$2,518,200 

$2,518,200 

 

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. 

 

15. The values in contention for tax year 2026 are: 

 

Tax 

Year 

True 

Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2026 

$5,110,000 

$2,555,000 

$2,067,211 

 

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.

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16. The 2026 assessments imposed on the subject property and the taxes to be levied and 

collected are invalid because: 

 

(a) The assessment, including state equalized and/or taxable value, exceeds the amount 

permitted by the Michigan Constitution and applicable statutes; 

 

(b) The assessment, including state equalized and/or taxable value, is at a higher 

percentage of true cash value than permissible under the Michigan Constitution and 

applicable statutes; 

 

(c) The assessment is based on the misapplication of valuation principles, and 

 

(d) The assessment otherwise violates Petitioner’s rights. 

 

ANSWER: Respondent denies the allegations contained in the above paragraph and 

subparagraphs (a) through (d) and requests that this Tribunal deny Petitioner’s 

requests. 

 

Respectfully Submitted, 

 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

 

 

October 12, 2026 

 

 

 

_________________________________________ 

Ross K. Bower II (P70574) 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com

Page 5

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

TOPVALCO INC., 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF BRIGHTON, 

 

 

Respondent. 

MTT DOCKET No. 26-001441 

 

PARCEL NO. 4712-32-300-075 

 

 

______________________________________/ 

 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Cameron Beckner 

DuCharme, McMillen & Associates, Inc. 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 596-3260 

msilvey@dmainc.com 

amorse@dmainc.com 

cbeckner@dmainc.com 

Ross K. Bower II (P70574) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com 

 

______________________________________/ 

 

AFFIRMATIVE DEFENSES 

 

Respondent TOWNSHIP OF BRIGHTON, 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 12, 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 AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

TOPVALCO INC., 

 

 

Petitioner, 

 

v 

 

TOWNSHIP OF BRIGHTON, 

 

 

Respondent. 

MTT DOCKET No. 26-001441 

 

PARCEL NO. 4712-32-300-075 

 

 

______________________________________/ 

 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Cameron Beckner 

DuCharme, McMillen & Associates, Inc. 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 596-3260 

msilvey@dmainc.com 

amorse@dmainc.com 

cbeckner@dmainc.com 

Ross K. Bower II (P70574) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com 

 

______________________________________/ 

 

PROOF OF SERVICE 

Jamy A. Staffeld states that on October 12, 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: 

 

 

Michelle (Mikki) M. Silvey 

Alex Morse 

Cameron Beckner 

DuCharme, McMillen & Associates, Inc. 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

 

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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