Full record / 2025.12.01 Answer, Affirm Defenses & POS (25-003613).pdf

2025.12.01 Answer, Affirm Defenses & POS (25-003613).pdf

Greg Wendling, Lianne Wendling, Petitioners V Township Of Mt Forest, Respondent · 25-003613-TT

← View full record

Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.

Page 1

STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA

DIRECTOR 

 

PROPERTY TAX APPEAL ANSWER FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

 

MTT DOCKET NO. ______________________ 

 

 

Section 1: Respondent’s Contact Information 

First Name: 

 

M.I.: 

 

Last Name/Company Name/Unit of Government: 

 

 

Home Address (No., Street, P.O. Box or Rural Route): 

 

 

County: 

City or Town: 

 

 

State: 

ZIP Code: 

Telephone Number: 

 

 

Fax Number: 

E-mail Address (do not enter unless you want MTT to send all correspondence via email): 

 

 

 

Section 2: Respondent’s Attorney/Authorized Representative’s Contact Information 

First Name: 

 

M.I.: 

Last Name: 

 

 

Firm Name (if any): 

 

 

Address (No., Street, P.O. Box or Rural Route): 

 

 

City or Town: 

 

 

State: 

ZIP Code: 

Telephone Number: 

 

 

Fax Number: 

E-mail Address (do not enter unless you want MTT to send all correspondence via email): 

 

 

Section 3: Subject Property Information 

Does the subject property have a Principal Residence Exemption of 50% or more? 

 

 Yes 

 No 

 

Are the parcels listed by Petitioner contiguous or adjoining? If not, list which parcels adjoin one another. 

 

 Yes 

 No 

 Not Applicable 

 

 

 

 

 

 

 

 

 

 

25-003613

Mt. Forest Township

1705 West Cody Estey Road

Bay

Pinconning

MI

48650

Ross

K

Bower II

Okemos

MI

48864

517-381-0100

517-381-5051

jstaffeld@fsbrlaw.com

✔

✔

Fahey Schultz Burzych Rhodes, PLC

4151 Okemos Road

Page 2

STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA

DIRECTOR 

Section 4: Explain Your Answer to this Appeal 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 5: Jurisdictional Issues 

 

IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES 

 

Did Petitioner protest the assessment at a Board of Review (BOR)? 

 Yes 

 No 

 

If yes, check which BOR Petitioner attended: 

 March 

 July 

 December 

 

If no, was the Notice of Assessment properly sent to Petitioner prior to the March BOR? 

 Yes 

 No 

*Submit a copy of the Notice of Assessment with the Answer. 

 

If the July or December BOR revised the assessment(s) at issue, did it have authority? 

 Yes 

 No 

If yes, cite the Board’s authority. 

 

 

Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact? 

 Yes 

 No 

If yes, explain 

 

 

Is Petitioner appealing from a State Tax Commission Order? 

 Yes 

 No 

 

If so, what is the issue date? 

 

 

IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE 

 

When was the Notice of Uncapping, if applicable, issued? 

 

Under what statutory section was the Taxable Value uncapped? 

 

 

IF PETITIONER IS APPEALING THE DENIAL OF A POVERTY EXEMPTION 

 

The subject property is accurately and lawfully assessed at no more than 50% of its

True Cash Value as of the applicable date of value.

This appeal is severed from MTT Docket No. 24-002359 pursuant to order dated

October 17, 2025. Therefore, Respondent agrees that Petitioner was not required to

attend the March Board of Review pursuant to Tax Tribunal Rule 273.

✔

✔

✔

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER 

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA

DIRECTOR 

Did Petitioner request a Poverty Exemption at a BOR? 

 Yes 

 No 

If Yes, check which BOR Petitioner attended: 

 March 

 July 

 December 

List the date the BOR denied Petitioner’s Poverty Exemption: 

IF PETITIONER IS APPEALING THE DENIAL OF AN EXEMPTION 

OTHER THAN POVERTY, PRINCIPAL RESIDENCE, OR QUALIFIED AGRICULTURAL EXEMPTIONS 

Did Petitioner request the exemption at a BOR? 

 Yes 

 No 

If Yes, check which BOR Petitioner attended: 

 March 

 July 

 December 

Tax Year(s) denied: 

List the date the exemption was denied: 

What statutory section did Petitioner request the subject property be exempt? 

IF PETITIONER IS APPEALING THE CLASSIFICATION OF PROPERTY 

What do you believe the classification should be: 

Real Personal (check one) 

 Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) 

Section 6: Valuation Information *Use the multiple parcel form for additional, contiguous parcels. 

Parcel Identification Number: 

Classification of Property: 

Real Personal (check one) 

Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) 

Current Assessed Value (also known as State Equalized Value) as established by the BOR: 

Current Taxable Value as established by the BOR: 

What do you believe is the fair market value (also known as True Cash Value)? 

Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value. 

If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. 

Signature *Required 

Respondent or Attorney/Authorized Representative’s Signature: 

/s/ 

✔

✔

Ross K. Bower II

09-110-023-200-010-00

$204,300

$85,250

$408,600

$408,600

Page 4

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

GREG AND LIANNE WENDLING, 

 

 

Petitioner, 

 

v 

 

MT. FOREST TOWNSHIP, 

 

 

Respondent. 

MTT DOCKET No. 25-003613 

 

PARCEL NO. 09-110-023-200-010-00 

 

 

______________________________________/ 

 

Andrew C. Thompson (P67984) 

Poznak Dyer Kanar Schefsky Thompson PLC 

Attorney for Petitioner 

143 McDonald Street 

Midland, MI 48640-5118 

(989) 832-1770 

athompson@pdkg.com 

Ross K. Bower II (P70574) 

Samantha R. Reetz (P86523) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com 

sreetz@fsbrlaw.com 

 

______________________________________/ 

 

AFFIRMATIVE DEFENSES 

 

Respondent Mt. Forest 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.

Page 5

2 

 

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.

Page 6

3 

 

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. 

 

Respectfully Submitted, 

 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

 

 

December 1, 2025 

 

 

 

_________________________________________ 

Ross K. Bower II (P70574) 

Samantha R. Reetz (P86523) 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com 

sreetz@fsbrlaw.com

Page 7

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

GREG AND LIANNE WENDLING, 

 

 

Petitioner, 

 

v 

 

MT. FOREST TOWNSHIP, 

 

 

Respondent. 

MTT DOCKET No. 25-003613 

 

PARCEL NO. 09-110-023-200-010-00 

 

 

______________________________________/ 

 

Andrew C. Thompson (P67984) 

Poznak Dyer Kanar Schefsky Thompson PLC 

Attorney for Petitioner 

143 McDonald Street 

Midland, MI 48640-5118 

(989) 832-1770 

athompson@pdkg.com 

Ross K. Bower II (P70574) 

Samantha R. Reetz (P86523) 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com 

sreetz@fsbrlaw.com 

 

______________________________________/ 

 

PROOF OF SERVICE 

Jamy A. Staffeld states that on December 1, 2025 she served a copy of Property Tax Appeal 

Answer Form Valuation/Exemption/Classification Appeal, Affirmative Defenses, and this Proof of 

Service, upon the following via first class mail: 

 

 

Andrew C. Thompson 

Poznak Dyer Kanar Schefsky Thompson PLC 

143 McDonald Street 

Midland, MI 48640-5118 

 

I declare that the statements above are true to the best of my information, knowledge, and 

 

belief. 

/s/ Jamy A Staffeld 

 

Jamy A. Staffeld

PDF reading copy

← View full record