Benton Charter Twp - Whirlpool 2025 - Appearance and Answer - final 9-15-25.pdf
Whirlpool Corporation, Petitioner Vs. Township Of Benton, Respondent · 25-001970-TT
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL WHIRLPOOL CORPORATION, Petitioner, v BENTON CHARTER TOWNSHIP, Respondent. MTT Docket No. 25-001970-TT Parcel No. 03-0006-0004-09-0 / Michelle (Mikki) M. Silvey (P69494) Alex Morse DUCHARME, MCMILLEN & ASSOCIATES, INC. Representatives for Petitioner 9229 Delegates Row, Suite 375 Indianapolis, IN 46240 (317) 689-6467-office (917) 488-7825-mobile msilvey@dmainc.com amorse@dmainc.com Toby Koenig (P72367) BLOOM SLUGGETT, PC Attorneys for Respondent 161 Ottawa Ave NW, Suite 400 Grand Rapids, MI 49503 (616) 965-9343 toby@bloomsluggett.com / APPEARANCE NOW COMES attorney Toby Koenig of the law firm of Bloom Sluggett, PC, and hereby enters his appearance on behalf of Respondent, Benton Charter Township, in the above matter. Respectfully submitted, BLOOM SLUGGETT, PC Dated: September 15, 2025 /s/ Toby Koenig Toby Koenig (P72367) Attorneys for Respondent
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STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL WHIRLPOOL CORPORATION, Petitioner, v BENTON CHARTER TOWNSHIP, Respondent. MTT Docket No. 25-001970-TT Parcel No. 03-0006-0004-09-0 / Michelle (Mikki) M. Silvey (P69494) Alex Morse DUCHARME, MCMILLEN & ASSOCIATES, INC. Representatives for Petitioner 9229 Delegates Row, Suite 375 Indianapolis, IN 46240 (317) 689-6467-office (917) 488-7825-mobile msilvey@dmainc.com amorse@dmainc.com Toby Koenig (P72367) BLOOM SLUGGETT, PC Attorneys for Respondent Benton Charter Township 161 Ottawa Ave NW, Suite 400 Grand Rapids, MI 49503 (616) 965-9343 toby@bloomsluggett.com / RESPONDENT’S ANSWER TO PETITION AND AFFIRMATIVE DEFENSES NOW COMES Respondent Benton Charter Township, through its attorneys, and hereby submits its Answer and Affirmative Defenses to Petitioner’s Petition as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Respondent leaves Petitioner to its proofs with respect to the allegations regarding ownership as alleged in paragraph 4 of the petition. 5. Admitted.
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2 4901-0418-9542, v. 1 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Respondent lacks sufficient knowledge or information to form a belief as to the truthfulness of the allegations alleged in paragraph 10 of Petitioner’s petition and therefore leaves Petitioner to its proofs. 11. Respondent admits that Petitioner alleges issues related to the subject property’s true cash and taxable values and uniformity, but denies that the subject property was improperly assessed, and denies that Petitioner is entitled to any relief. 12. Admitted. 13. Admitted. 14. Denied. 15. Respondent admits that Petitioner alleges the amounts in contention in paragraph 15 of Petitioner’s petition, however, Respondent denies that the subject property was improperly assessed and denies that Petitioner is entitled to any relief. 16. The allegations contained in paragraph 16 of Petitioner’s petition contain conclusions of law to which no response is required. To the extent Petitioner makes factual allegations, Respondent denies the allegations as untrue and unsubstantiated. RESPONDENT’S AFFIRMATIVE DEFENSES 1. Petitioner has failed to state a claim upon which relief can be granted. 2. Petitioner’s claims against Respondent are barred because the valuation methods used by Respondent’s Assessor are accurate, correct, and comply with the Constitution, state law, and prevailing State Tax Commission procedures. 3. Respondent’s assessment reflects 50% of the subject property’s true cash value and the values on the roll, including the taxable value, comply with the Michigan General Property Tax Act. 4. Petitioner may not be a proper party-in-interest and may lack standing to file this appeal. 5. Respondent reserves the right to identify further affirmative defenses as may become known through discovery.
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3 4901-0418-9542, v. 1 WHEREFORE, Respondent requests that the Tribunal dismiss Petitioner’s appeal with prejudice, and award Respondent its costs, attorney fees, and all such further and additional relief as this Tribunal may deem appropriate. Respectfully submitted, BLOOM SLUGGETT, PC Dated: September 15, 2025 /s/Toby Koenig________ Toby Koenig (P72367) Attorneys for Respondent PROOF OF SERVICE Tonya Voakes, being duly sworn, deposes and says that she is employed by Bloom Sluggett, PC, and that on September 15, 2024, she served a copy of Respondent’s Appearance; Answer and Affirmative Defenses by U.S. Mail, Postage Paid and e-mail upon: Michelle (Mikki) M. Silvey Alex Morse DUCHARME, MCMILLEN & ASSOCIATES, INC. 9229 Delegates Row, Suite 375 Indianapolis, IN 46240 msilvey@dmainc.com amorse@dmainc.com /s/ Tonya Voakes Tonya Voakes