Answer Aff Defs & POS DSSC Realty.pdf
Dssc Realty LLC Petitioner Vs. Township Of Shelby Respondent · 26-001530-TT
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KIRK, HUTH, LANGE &« BADALAMENTI, p.L.C STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL DSSC REALTY LLC, Petitioner, MTT Docket No. 26-001530 vs. Parcel No. 23-07-20-300-050 CHARTER TOWNSHIP OF SHELBY, Respondent. / LAW OFFICE OF AARON M. FALES, P.C. KIRK, HUTH, LANGE & BADALAMENTI, PLC AARON M. FALES, (P72864) ROSEMARY V. DAVIS (P47336) Attorneys for Petitioner ROBERT S. HUTH, JR. (P42531) 330 Hamilton Row, Suite 350 Attorneys for Respondent Birmingham, MI 48009 ! 19500 Hall Road, Suite 100 (248) 767-9840 Clinton Township, MI 48038 afaleslaw(@gmail.com (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, as to Petitioner’s principal office address, Respondent lacks knowledge or information sufficient to form a belief as to the truth of the allegation set forth therein and therefore leaves Petitioner to its strict proofs. As to the remaining allegations contained therein, Respondent states that the correct Parcel number for the real property is 23-07-20-300-050, and the correct real property address is 4454 22 Mile Road, Shelby Township, Michigan 48317. 2. Answering Paragraph 2, Respondent admits the allegations contained therein,
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KIRK. HUTH. LANGE « BADALAMENTI. p.L.C. 3. Answering Paragraph 3, Respondent admits the allegations contained therein. 4. Answering Paragraph 4, Respondent admits the allegations contained therein. S. Answering Paragraph 5, 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. 6. Answering Paragraph 6, 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. 7. Answering Paragraph 7, Respondent denies the allegations contained therein for the reason they are untrue, inclusive of paragraphs (a) through (d). Respondent requests that the Tribunal deny the relief requested and uphold the assessment issued. 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: September 24, 2026 S:\S\Shelby\Tax Tribunals\DSSC Realty LLC 2026\Answer, Aff. Defs. & POS.docx
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KIRK, HUTH, LANGE &« BADALAMENTI. r.L.C. AFFIRMATIVE DEFENSES Respondent, CHARTER TOWNSHIP OF SHELBY, through its attorneys, KIRK, HUTH, LANGE & BADALAMENTI, 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. S. 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 Dated: September 24, 2026 S:\S\Shelby\Tax Tribunals\DSSC Realty LLC 2026\Answer, Aff. Defs. & POS.docx
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KIRK. HUTH. LANGE &¢ BADALAMENTI rL.C STATE OF MICHIGAN DEPARTMENT OF LICENSING & REGULATORY AFFAIRS MICHIGAN ADMINISTRATIVE HEARING SYSTEM MICHIGAN TAX TRIBUNAL DSSC REALTY LLC, Petitioner, MTT Docket No. 26-001530 Vs. Parcel No. 23-07-20-300-050 CHARTER TOWNSHIP OF SHELBY, Respondent. / PROOF OF SERVICE The undersigned certifies that on September 24, 2026, she served a copy of: Respondent’s Answer to Petition, Affirmative Defenses and Proof of Service upon: Aaron M. Fales, Esq. Law Office of Aaron M. Fales, P.C. 330 Hamilton Row, Ste. 350 Birmingham, MI 48009 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. [s/Carol Wilson Carol Wilson S:\S\Shelby\Tax Tribunals\DSSC Realty LLC 2026\Answer, Aff. Defs. & POS.docx