TTres v Wyoming -- Answer and Affirmative Defenses with Certificate of Service -- MTT 26-1012.pdf
Ttres Mi Wyoming Baneberry Ave LLC Petitioner Vs. City Of Wyoming, City Of Wyoming Respondents · 26-001012-TT
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 DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MICHIGAN TAX TRIBUNAL TTRES MI Wyoming Baneberry Ave LLC, Petitioner, v. City of Wyoming, Respondent. ___________________________________/ MTT Docket No. 26-001012-TT Michelle (Mikki) M. Silvey (P69494) Alex Morse Cameron Beckner DuCharme, McMillen & Associates, Inc. Representatives for Petitioner 9229 Delegates Row, Suite 375 Indianapolis, IN 46240 (317) 596-3260 msilvey@dmainc.com amorse@dmainc.com cbeckner@dmainc.com __________________________________/ Ryan M. Shannon (P74535) Dickinson Wright PLLC Counsel for Respondent 123 W. Allegan St., Suite 900 Lansing, MI 48933 (517) 410-5443 rshannon@dickinsonwright.com ANSWER AND AFFIRMATIVE DEFENSES Respondent, through undersigned counsel, responds to the Petition filed in the above-captioned matter by like-numbered paragraphs as follows, and states thereafter its Affirmative Defenses: 1. No allegation of fact or law has been made to which a response is required. Parcel 41-21-06-600-020 will hereafter be referred to as the “Subject Property.” 2. Admitted. 3. Admitted.
Page 2
MTT Docket No. 26-001012 Page 2 4. Respondent neither admits nor denies as it is without sufficient information, and leaves Petitioner to its proofs. 5. Admitted. 6. Respond admits no protest was made to the local board of review. 7. Admitted. 8. Admitted. 9. Admitted. 10. Respondent neither admits nor denies as it is without sufficient information, and leaves Petitioner to its proofs. 11. Respondent neither admits nor denies as it is without sufficient information, and leaves Petitioner to its proofs. 12. Admitted. 13. Admitted. 14. Respondent denies as untrue that the values for the Subject Property are or should be as set forth in this paragraph. Respondent notes that Petitioner failed to include any allegation as to taxable value. 15. Respondent admits, based on Petitioner’s allegations concerning value, that the values in dispute are as set forth in this paragraph for the true cash and state equalized value. Petitioner’s assertion of taxable dispute appears to be in error as it comprises the entire assessed value of the subject property notwithstanding that Petitioner contends that the property’s state equalized value should be $24,000,0000.
Page 3
MTT Docket No. 26-001012 Page 3 16. Denied as untrue, including as to each subpart. AFFIRMATIVE DEFENSES For its Affirmative Defenses, Respondent states further as follows: 1. Petitioner has failed to state a claim upon which relief may be granted. 2. Petitioner has failed to state a claim because it has not complied with the Tribunal’s rules governing pleading. 3. Petitioner has failed to support the existence of a property interest supporting standing to bring an appeal of the property taxes. 4. Any reduction in value compared to the assessed value is the result of Petitioner’s own conduct or action such that it would be inequitable or improper to reduce its tax liability. 5. Granting the relief sought would result in dis-uniform assessment in violation of the Michigan Constitution. 6. Respondent reserves the right to add or identify further affirmative defenses as they become known through the course of this litigation. WHEREFORE, Respondent respectfully requests that the Tribunal enter an order dismissing the appeal or in the alternative affirming the values on the rolls, and granting such other and further relief as are in its power to give.
Page 4
MTT Docket No. 26-001012 Page 4 Submitted Respectfully, DICKINSON WRIGHT PLLC /s/ Ryan M. Shannon Ryan M. Shannon (P74535) Counsel for Respondent 123 W. Allegan St., Suite 900 Lansing, MI 48933 (517) 371-1730 rshannon@dickinsonwright.com Dated: September 4, 2026 CERTIFICATE OF SERVICE The undersigned hereby certifies that on September 4, 2026 he caused the foregoing Answer and Affirmative defenses to be served on representative for the Petitioners at the following address by first class mail, postage prepaid: Mikki M. Silvey DuCharme, McMillen & Associates, Inc. 9229 Delegates Row, Suite 375 Indianapolis, IN 46240 /s/ Ryan M. Shannon Ryan M. Shannon September 4, 2026