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Answer Aff Def & POS - 26-001431.pdf

Owen South Holdings LLC Petitioner Vs. City Of Fenton Respondent · 26-001431-TT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

OWEN SOUTH HOLDINGS LLC, 

 

 

Petitioner, 

 

v 

 

CITY OF FENTON, 

 

 

Respondent. 

MTT DOCKET No. 26-001431 

 

PARCEL NO. 53-34-526-034 

 

 

______________________________________/ 

 

Joshua T. Shillair (P72674) 

Colliers International 

Representative for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, MI 48067 

(248) 226-1632 

Joshua.shillair@colliers.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 

 

______________________________________/ 

 

RESPONDENT’S ANSWER TO 2026 ENTIRE TRIBUNAL 

PROPERTY TAX PETITION 

 

1. 

The Petitioner in this matter, OWEN SOUTH HOLDINGS LLC, has the legal 

residence or principal office address of PO BOX 1095, GRAND BLANC, MI 48480. Petitioner 

is a party in interest with respect to property taxes on property parcel no(s). (hereinafter 

referenced as the Subject Property) 53-34-526-034. If the Subject Property in this petition 

includes more than one (1) real property tax parcel, the Subject Property's tax parcels are 

contiguous. 

ANSWER: Respondent neither admits nor denies the allegations contained in the 

above paragraph and leaves Petitioner to its proofs.

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2. 

The Subject Property is located in Genesee County. 

 

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

 

3. 

Respondent, City of Penton of Genesee County, assesses and collects property 

taxes on the Subject Property. 

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

4. 

The Subject Property is real property and is classified as Commercial. The 

Subject Property is presently used or available for use for Commercial purposes. Petitioner 

believes that the Subject Property was originally designed to be used for Commercial 

purposes. 

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

to classification and use. Answering further, Respondent can neither admit nor deny 

what Petitioner believes and therefore leaves Petitioner to its proofs. 

5. 

Protest to the 2026 Board of Review was not made and is not required by law 

for the Subject Property. 

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. 

6. 

The Subject Property's address is: 3238 OWEN RD, FENTON, MI 48430 

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

7. 

This appeal involves issues relating to: (a) valuation, (b) assessment, (c) taxable 

value and (d) uniformity.

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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. 

8. 

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. 

9. 

The values for the Subject Property as established by Respondent's Board of Review 

are: 

 

Tax Year 

Parcel Number True Cash Value Assessed ValueTaxable Value 

2026 

53-34-526-034 

$1,507,600.00 

$753,800.00 

$668,789.00 

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

 

10. 

The 2026 assessment, assessed value, state equalized value and taxable value 

imposed upon all parcels of the Subject Property, and the taxes to be levied and collected thereon, 

are invalid and unlawful and operate as a fraud upon the taxpayer for the reasons that: 

a. 

The assessment, assessed value, state equalized value and/or taxable 

value exceeds the amounts permitted by the Michigan Constitution, applicable statutes 

and case law; 

b. 

The assessment, assessed value, state equalized value and/or taxable 

value are at higher percentages of true cash value than permissible under the 

Michigan Constitution, applicable statutes and case law; 

c. 

The assessment, assessed value, state equalized value and/or taxable 

value are based upon an erroneous determination of the true cash value of that 

portion of the Subject Property that is taxable under Michigan law, and are based

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upon the application of wrong principles; and 

d. 

The assessment, assessed value, state equalized value and/or 

taxable value, and the mode of assessment adopted by Respondent, discriminate 

against Petitioner and denies Petitioner its constitutional rights to uniformity, 

equal protection and dues process of law. 

ANSWER: Respondent denies the allegations contained in the above 

paragraph, including subparts (a)-(d). 

11. 

Petitioner contends that the actual values for the Subject Property are: 

 

Tax Year 

Parcel Number True Cash Value Assessed Value 

Taxable Value 

2026 

53-34-526-034 

$742,400.00 $371,200.00 

$371,200.00 

 

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. 

12. 

The amount of value in contention for the Subject Property is: 

 

Tax Year 

Parcel Number 

Assessed Value in Contention 

2026 

53-34-526-034 

$382,600.00 

 

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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13. 

Petitioner relies on the following specific facts to support the relief requested: 

Market sales and income data indicates that the subject property's assessed value, state 

equalized value and taxable value exceed 50% of its actual market value. In addition, the 

cost less depreciation method Respondent utilizes to establish the Subject Property's 

assessment at issue is not related to the Subject Property's actual market value. 

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

 

 

 

 

 

 

Dated: September 9, 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

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Page 7

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

OWEN SOUTH HOLDINGS LLC, 

 

 

Petitioner, 

 

v 

 

CITY OF FENTON, 

 

 

Respondent. 

MTT DOCKET No. 26-001431 

 

PARCEL NO. 53-34-526-034 

 

 

______________________________________/ 

 

Joshua T. Shillair (P72674) 

Colliers International 

Representative for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, MI 48067 

(248) 226-1632 

Joshua.shillair@colliers.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 City of Fenton, 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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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.

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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. 

 

 

 

 

 

 

Dated: September 9, 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 10

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

OWEN SOUTH HOLDINGS LLC, 

 

 

Petitioner, 

 

v 

 

CITY OF FENTON, 

 

 

Respondent. 

MTT DOCKET No. 26-001431 

 

PARCEL NO. 53-34-526-034 

 

 

______________________________________/ 

 

Joshua T. Shillair (P72674) 

Colliers International 

Representative for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, MI 48067 

(248) 226-1632 

Joshua.shillair@colliers.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 September 9, 2026 she served a copy of Respondent’s 

Answer to 2026 Entire Tribunal property Tax Petition, Affirmative Defenses, and this Proof of 

Service, upon the following via first class mail: 

 

 

Joshua T. Shillair 

Colliers International 

400 W. 4th Street, Suite 350 

Royal Oak, MI 48067 

 

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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