26-001185.pdf

Shelby Parkway Development Company LLC Petitioner Vs. Township Of Shelby Respondent · 26-001185-TT

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ROBERT W. KIRK * 

ROBERT 

S. HUTH, JR. 

CRAIG W. LANGE 

RAECHEL M. BADALAMENTI 

ROSEMARY V. DAVIS 

PATRICK S. MCKAY 

ELIZABETH P. MORRIS 

CHAD L. RIDDLE 

JOSEPH B. URBAN 

MITCHELL W. PAQUETTE 

RYAN M. LANXTON 

Of Counsel: 

JOHN E. FITZGERALD 

* Also Member of Florida Bar 

Clerk 

KIRKIHUTHILANGE 

¢BADALAMENTIZ 

ATTORNTAS 

AT LAW 

19500 HALL ROAD 

SUITE 100 

CLINTON TOWNSHIP, MICHIGAN 48038 

(586) 412-4900 

www.KirkHuthLaw.com 

July 13, 2026 

Dept. of Licensing & Regulatory Affairs 

Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, MI 48909 

RE: 

Dear Clerk: 

RECEIVED 

JUL 16 204 

MICHIGAN TAX TRIBUNA| 

ELORIDA OFFICE 

4933 TAMIANI TRAIL N. 

SUITE 203 

NAPLES, FL 34103 

WRITER'S E-MAIL: rdavis@kirkhuthlaw.com 

FACSIMILE: (586) 412-4949 

Shelby Parkway Development Company LLC v. Charter Township of Shelby 

MTT Docket No. 26-001185 

Enclosed for filing please find Respondent’s Answer to Petition and Affirmative Defenses with 

Proof of Service regarding the above-referenced matter. 

Please contact me if you have any questions. 

[caw 

Enclosure 

Very truly yours, 

KIRK, HUTH, LANGE & BADALAMENTI, PLC 

Rosemary 

TV. Davie 

Rosemary V. Davis 

cc: 

Edward U. Blanchard/Tyler Walsh

KIRK. HUTH. LANGE 

&« BADALAMENTI r.LC 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

SHELBY PARKWAY DEVELOPMENT 

COMPANY LLC, 

Petitioner, 

MTT Docket No. 26-001185 

vs. 

Parcel No. 23-07-14-101-026 

CHARTER TOWNSHIP OF SHELBY, 

Respondent. 

/ 

DELOITTE TAX, LLP 

KIRK, HUTH, LANGE & BADALAMENTI, PLC 

EDWARD U. BLANCHARD 

ROSEMARY V. DAVIS (P47336) 

TYLER WALSH 

ROBERT S. HUTH, JR. (P42531) 

Representatives for Petitioner 

Attorneys for Respondent 

2200 Ross Ave., Suite 1600 

19500 Hall Road, Suite 100 

Dallas, TX 75201 

Clinton Township, MI 48038 

(313) 597-4765 

(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 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.

KIRK. HUTH, LANGE « BADALAMENTI, r.L.C. 

3. 

Answering Paragraph 3, 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. 

4. 

Answering Paragraph 4, Respondent admits the allegations contained therein. 

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 admits the allegations contained therein. 

12. 

Answering Paragraph 12, Respondent denies the allegations contained therein for 

the reason they are untrue. 

13. 

Answering Paragraph 13, 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. 

14. 

Answering Paragraph 14, Respondent denies the allegations contained therein for 

the reason they are untrue.

KIRK. HUTH. LANGE &« BADALAMENTL r.c.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: July 13, 2026

KIRK, HUTH, LANGE 

&« BADALAMENTI, p.L.C. 

AFFIRMATIVE DEFENSES 

Respondent, CHARTER TOWNSHIP OF SHELBY, through its attorneys, KIRK, HUTH, 

LANGE & BADALAMENT]I, 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

KIRK, HUTH, LANGE &« BADALAMENTI, r.L.C. 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARING SYSTEM 

MICHIGAN TAX TRIBUNAL 

SHELBY PARKWAY DEVELOPMENT 

COMPANY LLC, 

Petitioner, 

MTT Docket No. 26-001185 

vs. 

Parcel No. 23-07-14-101-026 

CHARTER TOWNSHIP OF SHELBY, 

Respondent. 

/ 

PROOF OF SERVICE 

The undersigned certifies that on July 13, 2026, she served a copy of: 

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

upon: 

Edward U. Blanchard 

Tyler Walsh 

Deloitte Tax, LLP 

2200 Ross Ave., Suite 1600 

Dallas, TX 75201 

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. 

Consl Wii, 

Carol Wilson

KIRKIHUTHILANGE 

&BADALAMENTIZ 

TTTORNETS AT 

LAN 

19500 Hall Rd., Suite 100, 

Clinton Twp., MI 48038 

— 

 PITNEY BOWES 

i 

$1.070 

US POSTAGEm 

[i 

FIRST-CLASS 

Clerk 

Dept. of Licensing & Regulatory Affairs 

Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, MI 48909 

dphlffhy Halt 

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