Full record / TTres v Wyoming -- Answer and Affirmative Defenses with Certificate of Service -- MTT 26-1012.pdf

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

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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.

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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.

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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.

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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

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