Full record / Kroger Co of Michigan 26-001445 Answer to Petition 9-22-26.pdf

Kroger Co of Michigan 26-001445 Answer to Petition 9-22-26.pdf

The Kroger Co Of Michigan Petitioner Vs. Township Of Pittsfield Respondent · 26-001445-TT

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S E C R E S T W A R D L E 

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

 

THE KROGER CO OF MICHIGAN, 

 

 

Petitioner, 

MTT Docket No. 26-001445 

 

 

-vs- 

 

 

 

 

 

 

 

PITTSFIELD CHARTER TOWNSHIP, 

 

 

Respondent. 

_________________________________________________________________________________/ 

 

DUCHARME, MCMILLEN & ASSOCIATES, 

INC. 

Michelle M. Silvey (P69494) 

Attorney for Petitioner 

9229 Delegates Row 

Suite 375 

Indianapolis, IN 46240 

(317) 596-3260 Ext. 2404 (917) 488-7825 

msilvey@dmainc.com 

SECREST WARDLE 

Alana A. Knox (P85859) 

Attorney for Respondent 

2600 Troy Center Drive 

P.O. Box 5025 

Troy, MI 48007-5025 

(248) 851-9500 

aknox@secrestwardle.com 

 

_________________________________________________________________________________/ 

 

RESPONDENT’S ANSWER TO PETITIONER’S 

ENTIRE TRIBUNAL PROPERTY TAX PETITION 

 

 

NOW COMES Respondent, PITTSFIELD TOWNSHIP, by and through its attorneys, 

SECREST WARDLE, and for its Answer to Petitioner’s Entire Tribunal Property Tax Petition, states 

as follows: 

1. 

Answering paragraph 1, Respondent admits that the subject property under appeal is 

identified as tax identification number L-12-11-150-037. 

2. 

Answering paragraph 2, Respondent admits that the parcel identified as tax 

identification number L-12-11-150-037 is real property. 

3. 

Answering paragraph 3, Respondent admits that the only parcel under appeal is the 

parcel identified as tax identification number L-12-11-150-037.

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S E C R E S T W A R D L E 

4. 

Answering paragraph 4, Respondent admits the same. Respondent neither admits nor 

denies the remainder of the allegations contained in paragraph 4 for lack of sufficient knowledge or 

information upon which to form a belief and leaves Petitioner to its proofs. 

5. 

Answering paragraph 5, Respondent admits that the parcel identified as tax 

identification number L-12-11-150-037 is 201 Commercial-Improved property. 

6. 

Answering paragraph 6, Respondent neither admits nor denies the allegations 

contained in paragraph 6 for lack of sufficient knowledge or information upon which to form a belief 

and leaves Petitioner to its proofs. 

7. 

Answering paragraph 7, Respondent admits that the parcel identified as tax 

identification number L-12-11-150-037 is located in Washtenaw County. 

8. 

Answering paragraph 8, Respondent admits that the parcel identified as tax 

identification number L-12-11-150-037 has a property address of 3200 Carpenter Rd., Ypsilanti, MI 

48197. 

9. 

Answering paragraph 9, Respondent admits the same. 

10. 

Answering paragraph 10, Respondent neither admits nor denies the allegations 

contained in paragraph 10 for lack of sufficient knowledge or information upon which to form a belief 

and leaves Petitioner to its proofs. 

11. 

Answering paragraph 11, Respondent neither admits nor denies the allegations 

contained in paragraph 11 for lack of sufficient knowledge or information upon which to form a belief 

and leaves Petitioner to its proofs. 

12. 

Answering paragraph 12, Respondent admits that the tax year at issue is 2026. 

13. 

Answering paragraph 13, Respondent admits that the subject property’s 2026 true cash, 

assessed and taxable values on the Respondent’s assessment roll are as follows:

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S E C R E S T W A R D L E 

TAX YEAR 

TRUE CASH VALUE 

ASSESSED VALUE 

TAXABLE VALUE 

2026 

$7,006,624 

 $3,503,312 

$3,265,398 

which assessed value will result in a state equalized value in the same amount based upon the tentative 

equalization factor. 

14. 

Answering paragraph 14, Respondent denies that the subject property’s 2026 true cash, 

state equalized and taxable values on the Respondent’s assessment roll should be: 

TAX YEAR 

TRUE CASH VALUE 

STATE EQUALIZED 

VALUE 

TAXABLE VALUE 

2026 

$4,472,000 

$2,236,000 

$2,236,000 

 

15. 

Answering paragraph 15, Respondent neither admits nor denies the allegations 

contained in paragraph 15 for lack of sufficient knowledge or information upon which to form a belief 

and leaves Petitioner to its proofs. 

16. 

Answering paragraph 16 and its subparts (a), (b), (c) and (d), Respondent denies the 

allegations contained therein for the reason that the same are untrue. 

 

WHEREFORE, Respondent, PITTSFIELD TOWNSHIP, denies that Petitioner is entitled to 

the relief it seeks and respectfully requests that the Respondent’s assessments and taxable values of 

the subject property be affirmed or increased, that Petitioner’s Entire Tribunal Property Tax Petition 

be dismissed with prejudice and that Respondent be granted costs and attorney fees so wrongfully 

incurred.

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S E C R E S T W A R D L E 

 

 

 

 

 

 

Respectfully submitted, 

SECREST WARDLE 

 

 

 

 

 

 

BY: 

 /s/ Alana E. Knox 

 

 

 

 ALANA E. KNOX (P85859) 

 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

2600 Troy Center Drive, P.O. Box 5025 

 

 

 

 

 

 

Troy, Michigan 48007-5025 

Dated: September 22, 2026 

 

(248) 851-9500 

 

 

 

AFFIRMATIVE DEFENSES 

 

 

For its further Answer to Petitioner’s Entire Tribunal Property Tax Petition and by way of its 

Affirmative Defenses, Respondent respectfully requests unto this Honorable Tribunal as follows: 

 

1. 

Petitioner fails to allege specific and sufficient facts to set forth a cause of action 

against Respondent and to support its claim for relief. 

 

2. 

Petitioner fails to allege specific and sufficient facts to establish fraud, error of law, 

discrimination, application of wrong principles or illegality on the part of the Respondent. 

 

3. 

Petitioner fails to allege that the mode and method of appraising its property failed to 

conform with the mode and method applied in the case of all of the properties in the Respondent’s 

taxing unit for the year in question. 

 

4. 

Petitioner fails to allege specific and sufficient facts to establish the true cash value, 

assessed value and taxable value of its property. 

 

5. 

Petitioner fails to allege specific and sufficient facts to support its allegation that the 

assessed value of its property, as equalized, is at a factor other than 50% and also fails to allege 

specific and sufficient facts to support its allegations that the property’s taxable value is improper.

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S E C R E S T W A R D L E 

 

6. 

Petitioner fails to show that any rate other than 50% after equalization was applied to 

the true cash value of its property, as well as to the properties of all others to arrive at the respective 

equalized assessments. 

 

7. 

Petitioner, in essence, asks that this Honorable Tribunal grant it an illegal preference by 

application of a method of assessment different from that employed in the assessment other properties 

in the Respondent’s taxing unit. 

 

8. 

Petitioner, in essence, seeks by Petition to challenge the process of county and state 

equalization as to which it has no legal standing and cannot maintain a cause of action. 

 

9. 

Petitioner failed to allege to the Board of Review that: 

A. 

The equalized assessment of the property is more than 50% of its 

true cash value and that the taxable value is in violation of 

applicable statutory and constitutional limitations. 

 

B. 

The property is assessed in a discriminatory manner and that the 

assessment is a higher level of true cash value than the average 

level of assessment of all other property within the Township, 

excepting this property and the assessment on other property 

which is also under appeal. 

 

C. 

The assessment and taxable value are unlawful and based upon 

the application of wrong principles and thereby operate as a 

constructive fraud upon the taxpayer. 

 

The failure to raise such objections to the Respondent’s Board of Review constitutes a failure to 

exhaust the administrative remedies provided for by the General Property Tax Act, constitutes a 

waiver of any such allegations contained in the Petition, and further amounts to a failure by the 

Petitioner to appear in protest to Respondent’s Board of review as required by the Tax Tribunal Act. 

 

10. 

Any decrease in the value of Petitioner’s property was a result of its own intentional 

acts and/or negligence and cannot be allowed to reduce Petitioner’s otherwise equitable tax burden. 

 

11. 

Respondent has properly and lawfully assessed Petitioner’s property and established its 

taxable value in accordance with statutory and constitutional requirements.

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S E C R E S T W A R D L E 

 

12. 

Petitioner has failed to pursue its appeal in a timely fashion. 

 

13. 

Respondent reserves the right to add to these Affirmative Defenses any new 

Affirmative Defenses that discovery reveals. 

 

WHEREFORE, Respondent, PITTSFIELD TOWNSHIP, denies that Petitioner is entitled to 

the relief it seeks and respectfully requests that the Respondent’s assessment and taxable value of the 

subject property be affirmed or increased and that Petitioner’s Entire Tribunal Property Tax Petition 

be dismissed with prejudice and that Respondent be granted costs and attorney fees so wrongfully 

incurred. 

 

 

 

 

 

 

Respectfully submitted, 

SECREST WARDLE 

 

 

 

 

 

 

BY: 

 /s/ Alana E. Knox 

 

 

 

 ALANA E. KNOX (P85859) 

 

 

 

 

 

 

Attorney for Respondent 

 

 

 

 

 

 

2600 Troy Center Drive, P.O. Box 5025 

 

 

 

 

 

 

Troy, Michigan 48007-5025 

Dated: September 22, 2026 

 

(248) 851-9500 

 

 

PROOF OF SERVICE 

 

I hereby certify that on September 22, 2026, a copy of the foregoing document, Respondent’s 

Answer to Petitioner’s Petition and Affirmative Defenses, was filed electronically with the Michigan 

Tax Tribunal, and was served upon: 

 

Ducharme, McMillen & Associates, Inc. 

Michelle M. Silvey, Esq. 

9229 Delegates Row 

Suite 375 

Indianapolis, IN 46240 

by depositing same in the United States mail with postage fully prepaid thereon. 

/s/ Tamera Briggs 

 

Tamera Briggs 

 

(11017915.1)

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