Full record / 2026.09.02 Answer Aff Def & POS - 26-001489.pdf

2026.09.02 Answer Aff Def & POS - 26-001489.pdf

Kava Alma Petitioner Vs. Township Of Pine River Respondent · 26-001489-TT

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STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

KAVA ALMA, 

 

 

Petitioner, 

 

v 

 

PINE RIVER TOWNSHIP, 

 

 

Respondent. 

MTT DOCKET No. 26-001489 

 

PARCEL NO. 12-027-016-10 

 

 

______________________________________/ 

 

Joshua T. Shillair 

Colliers International 

Representative for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, MI 48067 

(248)226-1632 

Joshua.shillair@colliers.com 

Karen.cameron@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 

 

______________________________________/ 

 

ANSWER TO ENTIRE TRIBUNAL PROPERTY TAX PETITION 

 

Respondent, PINE RIVER TOWNSHIP, by and through its counsel, FAHEY SCHULTZ 

BURZYCH RHODES PLC, hereby answers Petitioner’s Entire Tribunal Property Tax Petition as 

follows: 

1. 

The Petitioner in this matter, KAVA ALMA, has the legal residence or principal 

office address of 200 W ADAMS ST STE 2950, CHICAGO, IL 60606. Petitioner is a party in 

interest with respect to property taxes on property parcel no(s). (hereinafter referenced as the 

Subject Property) 12-027-016-10. 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 Gratiot County. 

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

3. Respondent, Pine River Township of Gratiot 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 as to the remaining allegations 

in the above paragraph. 

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: 

7642 N ALGER RD, ALMA, MI 4880l 

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 Value 

Taxable Value 

2026 

12-027-016-10 

$629,800.00 

$314,900.00 

$302,862.00 

 

ANSWER: Respondent denies the allegations contained in the above paragraph as to 

True Cash and Assessed Values and states that the 2026 Assessed Value is $318,000 and the 

2026 True Cash Value is $636,000. Respondent admits that the 2026 Taxable Value is 

$302,862. 

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 defemination of the true cash value of that portion of the

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Subject Property that is taxable under Michigan Jaw, and are based 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 

12-027-016-10 

$204,000.00 

$102,000.00 

$102,000.00 

 

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 

12-027-016-10 

$212,900.00 

 

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. 

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.

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

 

 

Respectfully Submitted, 

 

Fahey Schultz Burzych Rhodes PLC 

Attorneys for Respondent 

 

 

September 2, 2026 

 

 

 

________________________________ 

Ross K. Bower II (P70574) 

4151 Okemos Road 

Okemos, Michigan 48864 

(517) 381-0100 

Rbower@fsbrlaw.com

Page 6

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

KAVA ALMA, 

 

 

Petitioner, 

 

v 

 

PINE RIVER TOWNSHIP, 

 

 

Respondent. 

MTT DOCKET No. 26-001489 

 

PARCEL NO. 12-027-016-10 

 

 

______________________________________/ 

 

Joshua T. Shillair 

Colliers International 

Representative for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, MI 48067 

(248)226-1632 

Joshua.shillair@colliers.com 

Karen.cameron@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 Pine River Township, 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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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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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 2, 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 9

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

KAVA ALMA, 

 

 

Petitioner, 

 

v 

 

PINE RIVER TOWNSHIP, 

 

 

Respondent. 

MTT DOCKET No. 26-001489 

 

PARCEL NO. 12-027-016-10 

 

 

______________________________________/ 

 

Joshua T. Shillair 

Colliers International 

Representative for Petitioner 

400 W. 4th Street, Suite 350 

Royal Oak, MI 48067 

(248)226-1632 

Joshua.shillair@colliers.com 

Karen.cameron@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 2, 2026 she served a copy of Answer to 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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