Record Finder / 25-002061-TT
Michigan

The Kroger Co Of Michigan, Petitioner Vs. City Of Midland, Respondent

Petitioner
The Kroger Co Of Michigan
Respondent
City Of Midland

Case overview

Docket number
25-002061-TT
Status
Disposed
CaseType
ET Property
Division
ET
County
Midland
Judge
No judge assigned

Docket history

Line #SubjectFilerLine RefEnter Date/Post MarkFeeRelated Item
15Consent JudgmentNot recorded1301/23/2026Not recordedDownload
14GrantedPET1301/23/2026Not recordedDownload
13A Stipulation has been received.PETNot recorded01/22/2026$50.00Download
12Order Setting Aside R DefaultNot recordedNot recorded12/10/2025Not recordedDownload
11Proof of Service of Misc Documents was received.Not recordedNot recorded11/26/2025Not recordedDownload
10Response to Order - AnswerNot recordedNot recorded11/26/2025Not recordedDownload
9Order Holding Party in DefaultNot recordedNot recorded11/26/2025Not recordedDownload
8AppearanceRESPNot recorded10/02/2025Not recordedDownload
7AppearanceRESPNot recorded09/24/2025Not recordedDownload
6Proof of service of petition was received.PETNot recorded09/16/2025Not recordedDownload
4Petition has been verifiedPET208/08/2025Not recordedDownload
3Notice of Docket Number ETNot recordedNot recorded08/08/2025Not recordedDownload
2A petition was received.PETNot recorded05/31/2025Not recordedDownload
1ET Case Info SheetNot recordedNot recorded05/31/2025$550.00Download

Documents

25-002061 Consent Judgment.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA 

DIRECTOR 

 

 

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 

The Kroger Co of Michigan, 

MICHIGAN TAX TRIBUNAL 

 

Petitioner, 

 

 

v 

 

MTT Docket No. 25-002061 

 

City of Midland, 

 

Presiding Judge 

Respondent. 

 

Patricia L. Halm 

 

ORDER GRANTING JOINT STIPULATION FOR ENTRY OF CONSENT JUDGMENT 

 

CONSENT JUDGMENT 

 

The Tribunal has reviewed the Stipulation and finds that it comports with the mandates 

of State law.1 As a result, the Tribunal shall enter the parties’ Stipulation. Therefore, 

 

IT IS ORDERED that the Joint Stipulation for Entry of Consent Judgment including all 

attachments, terms, and conditions is GRANTED and ADOPTED, unless otherwise 

indicated. 

 

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the tax years at issue shall correct or cause the assessment rolls to be 

corrected to reflect the property’s true cash and taxable values as provided in this 

Consent Judgment within 20 days of the entry of the Consent Judgment.2 

 

IT IS FURTHER ORDERED that the officer charged with collecting or refunding the 

affected taxes shall collect taxes and any applicable interest or issue a refund as 

required by the Consent Judgment within 28 days of the entry of the Consent 

Judgment. If a refund is warranted, it shall, unless otherwise indicated, include a 

proportionate share of any property tax administration fees paid and of penalty and 

interest paid on delinquent taxes. The refund shall also, unless otherwise indicated, 

separately indicate the amount of the taxes, fees, penalties, and interest being 

refunded. A sum determined by the Tribunal to have been unlawfully paid shall, unless 

otherwise indicated, bear interest from the date of payment to the date of judgment and 

the judgment shall bear interest to the date of its payment. A sum determined by the 

Tribunal to have been underpaid shall not bear interest for any time period prior to 28 

days after the issuance of this Consent Judgment. Pursuant to MCL 205.737, interest 

shall accrue (i) after December 31, 2020, through June 30, 2022, at the rate of 4.25%, 

(ii) after June 30, 2022, through December 31, 2022, at the rate of 4.27%, (iii) after 

December 31, 2022, through June 30, 2023, at the rate of 5.65%, (iv) after June 30, 

2023, through December 31, 2023, at the rate of 8.25%, (v) after December 31, 2023, 

 

1 See MCL 211.27a. 

2 See MCL 205.755.

Page 2

MTT Docket No. 25-002061 

Page 2 of 2 

 

through June 30, 2024, at the rate of 9.30%, (vi) after June 30, 2024, through December 

31, 2024, at the rate of 9.50%, (vii) after December 31, 2024, through June 30, 2025, at 

the rate of 9.47%, (viii) after June 30, 2025, through December 31, 2025, at the rate of 

8.66%, and (ix) after December 31, 2025, through June 30, 2026, at a rate of 8.48%. 

 

This Consent Judgment resolves all pending claims in this matter and closes this case. 

 

See docket look up for a copy of stipulation and for any possible refund paragraph. 

 

 

 

 

 

 

 

 

 

 

By _____________________________ 

Entered: January 23, 2026 

sb 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.

Stipulation - 25-002061 - Kroger Co of Michigan v City of Midland - 315 Joe Mann Blvd - Fully Executed.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO. OF MICHIGAN 

MTT Docket No. 25-002061-TT 

Petitioner, 

Parcel No(s). 

11-33-40-100 

11-33-40-001 

A 

11-33-40-800 

11-33-40-810 

CITY OF MIDLAND, 

11-33-40-820 

11-33-40-830 

Respondent. 

11-33-40-840 

/ 

Michelle (Mikki) M. Silvey (P69494) 

BRAUN KENDRICK FINKBEINER P.L.C. 

Alex Morse 

By: Francis J. Keating (P39223) 

DuCharme, McMillen & Associates, 

Attorneys for Respondent 

Inc. Representatives for Petitioner 

4301 Fashion Square Blvd. 

9229 Delegates Row, Suite 375 

Saginaw, MI 48603 

Indianapolis, IN 46240 

(989) 498-2100 

(317) 689-6467-ofc 

frakea@braunkendrick.com 

(917) 488-7825-mobile 

msilvey@dmainc.com 

amorse@dmainc.com 

/ 

STIPULATION FOR ENTRY OF CONSENT 

JUDGMENT IN THE FULL TRIBUNAL 

1. 

This case is pending in the Entire Tribunal. 

2. 

The subject property is in Midland County. 

3. 

The values for the property at issue in this appeal as established by Respondent’s 

Board of Review are: 

Tax 

Parcel(s) 

True Cash 

Assessed 

Taxable 

Year 

Value 

Value 

Value 

2025 

11-33-40-100 

$2,073,200 

$1,036,600 

$921,244 

2025 

11-33-40-001 

$122,400 

$61,200 

$61,200 

2025 

11-33-40-800 

$153,200 

$76,600 

$76,600 

2025 

11-33-40-810 

$122,400 

$61,200 

$61,200 

2025 

11-33-40-820 

$63,200 

$31,600 

$31,600 

2025 

11-33-40-830 

$73,200 

$36,600 

$36,600 

2025 

11-33-40-840 

$90,000 

$45,000 

$45,000

Page 2

4. 

The values for the property at issue in this appeal as agreed upon by the parties for 

settlement purposes are: 

Tax 

Parcel(s) 

True Cash 

Assessed 

Taxable 

Year 

Value 

Value 

Value 

2025 

11-33-40-100 

$1,720,000 

$860,000 

$860,000 

2025 

11-33-40-001 

$100,000 

$50,000 

$50,000 

2025 

11-33-40-800 

$120,000 

$60,000 

$60,000 

2025 

11-33-40-810 

$100,000 

$50,000 

$50,000 

2025 

11-33-40-820 

$50,000 

$25,000 

$25,000 

2025 

11-33-40-830 

$60,000 

$30,000 

$30,000 

2025 

11-33-40-840 

$70,000 

$35,000 

$35,000 

5. 

This stipulation addresses the 2025 tax year. 

6. 

Petitioner waives interest on the refund. Petitioner waives the refund of the property 

tax administration fee. 

7. 

Refunds (as warranted) should be made payable to “The Kroger Co of Michigan” and 

mailed to the attention of: 

The Kroger Co of Michigan 

c/o Mikki Silvey 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

Respectfully submitted, 

yo 

Alex Morse 

DuCharme, McMillen & Associates, Inc. 

Representatives for Petitioner 

January 15, 2026 

4 

FRANC] ets 

Attorn€y for Respondent 

January 2/, 2026 

Page 2 of 2 

MTT Docket No. 25-002061-TT 

Stipulation for Entry of Consent Judgment 

EATING (P39223)

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Stipulation - 25-002061 - Kroger Co of Michigan v City of Midland - 315 Joe Mann Blvd - Fully Executed.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO. OF MICHIGAN 

MTT Docket No. 25-002061-TT 

Petitioner, 

Parcel No(s). 

11-33-40-100 

11-33-40-001 

A 

11-33-40-800 

11-33-40-810 

CITY OF MIDLAND, 

11-33-40-820 

11-33-40-830 

Respondent. 

11-33-40-840 

/ 

Michelle (Mikki) M. Silvey (P69494) 

BRAUN KENDRICK FINKBEINER P.L.C. 

Alex Morse 

By: Francis J. Keating (P39223) 

DuCharme, McMillen & Associates, 

Attorneys for Respondent 

Inc. Representatives for Petitioner 

4301 Fashion Square Blvd. 

9229 Delegates Row, Suite 375 

Saginaw, MI 48603 

Indianapolis, IN 46240 

(989) 498-2100 

(317) 689-6467-ofc 

frakea@braunkendrick.com 

(917) 488-7825-mobile 

msilvey@dmainc.com 

amorse@dmainc.com 

/ 

STIPULATION FOR ENTRY OF CONSENT 

JUDGMENT IN THE FULL TRIBUNAL 

1. 

This case is pending in the Entire Tribunal. 

2. 

The subject property is in Midland County. 

3. 

The values for the property at issue in this appeal as established by Respondent’s 

Board of Review are: 

Tax 

Parcel(s) 

True Cash 

Assessed 

Taxable 

Year 

Value 

Value 

Value 

2025 

11-33-40-100 

$2,073,200 

$1,036,600 

$921,244 

2025 

11-33-40-001 

$122,400 

$61,200 

$61,200 

2025 

11-33-40-800 

$153,200 

$76,600 

$76,600 

2025 

11-33-40-810 

$122,400 

$61,200 

$61,200 

2025 

11-33-40-820 

$63,200 

$31,600 

$31,600 

2025 

11-33-40-830 

$73,200 

$36,600 

$36,600 

2025 

11-33-40-840 

$90,000 

$45,000 

$45,000

Page 2

4. 

The values for the property at issue in this appeal as agreed upon by the parties for 

settlement purposes are: 

Tax 

Parcel(s) 

True Cash 

Assessed 

Taxable 

Year 

Value 

Value 

Value 

2025 

11-33-40-100 

$1,720,000 

$860,000 

$860,000 

2025 

11-33-40-001 

$100,000 

$50,000 

$50,000 

2025 

11-33-40-800 

$120,000 

$60,000 

$60,000 

2025 

11-33-40-810 

$100,000 

$50,000 

$50,000 

2025 

11-33-40-820 

$50,000 

$25,000 

$25,000 

2025 

11-33-40-830 

$60,000 

$30,000 

$30,000 

2025 

11-33-40-840 

$70,000 

$35,000 

$35,000 

5. 

This stipulation addresses the 2025 tax year. 

6. 

Petitioner waives interest on the refund. Petitioner waives the refund of the property 

tax administration fee. 

7. 

Refunds (as warranted) should be made payable to “The Kroger Co of Michigan” and 

mailed to the attention of: 

The Kroger Co of Michigan 

c/o Mikki Silvey 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

Respectfully submitted, 

yo 

Alex Morse 

DuCharme, McMillen & Associates, Inc. 

Representatives for Petitioner 

January 15, 2026 

4 

FRANC] ets 

Attorn€y for Respondent 

January 2/, 2026 

Page 2 of 2 

MTT Docket No. 25-002061-TT 

Stipulation for Entry of Consent Judgment 

EATING (P39223)

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Order_Setting_Aside_R_Default.2025-12-10_16-06-46.0000.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA

DIRECTOR

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

The Kroger Co of Michigan, 

Petitioner,

 MICHIGAN TAX TRIBUNAL

 ENTIRE TRIBUNAL

v

 

MTT Docket No. 25-002061

City Of Midland,

Respondent.

ORDER SETTING ASIDE DEFAULT

The Tribunal has reviewed the file in the above-captioned case and finds that 

Respondent was held in default on November 26, 2025, and the default has been timely 

cured. The documents curing the default can be reviewed through the docket search 

function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket 

number and clicking on the document link next to the line item entry for the documents. 

Therefore,

IT IS ORDERED that the Default is SET ASIDE.

By_________________________________

Patricia L. Halm, Tribunal Chair

Entered: December 10, 2025

PROOF OF SERVICE

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives.

By: Tribunal Clerk

Page 2

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA

DIRECTOR

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

The Kroger Co of Michigan, 

Petitioner,

 MICHIGAN TAX TRIBUNAL

 ENTIRE TRIBUNAL

v

 

MTT Docket No. 25-002061

City Of Midland,

Respondent.

ORDER SETTING ASIDE DEFAULT

The Tribunal has reviewed the file in the above-captioned case and finds that 

Respondent was held in default on November 26, 2025, and the default has been timely 

cured. The documents curing the default can be reviewed through the docket search 

function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket 

number and clicking on the document link next to the line item entry for the documents. 

Therefore,

IT IS ORDERED that the Default is SET ASIDE.

By_________________________________

Patricia L. Halm, Tribunal Chair

Entered: December 10, 2025

PROOF OF SERVICE

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives.

By: Tribunal Clerk

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA

DIRECTOR

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

The Kroger Co of Michigan, 

Petitioner,

 MICHIGAN TAX TRIBUNAL

 ENTIRE TRIBUNAL

v

 

MTT Docket No. 25-002061

City Of Midland,

Respondent.

ORDER SETTING ASIDE DEFAULT

The Tribunal has reviewed the file in the above-captioned case and finds that 

Respondent was held in default on November 26, 2025, and the default has been timely 

cured. The documents curing the default can be reviewed through the docket search 

function on the Tribunal’s website at www.michigan.gov/taxtrib by inputting the docket 

number and clicking on the document link next to the line item entry for the documents. 

Therefore,

IT IS ORDERED that the Default is SET ASIDE.

By_________________________________

Patricia L. Halm, Tribunal Chair

Entered: December 10, 2025

PROOF OF SERVICE

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives.

By: Tribunal Clerk

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Kroger v. Midland Proof of Service Answer to Petition.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO OF MICHIGAN, 

Petitioner, 

v 

CITY OF MIDLAND, 

Respondent. 

MTT Docket No.: 25-002061 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

By: 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467 

(917) 488-7825 

msilvey@dmainc.com 

amorse@dmainc.com 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Francis J. Keating (P39223) 

Attorneys for Respondent 

4301 Fashion Square Blvd. 

Saginaw, MI 48603 

(989) 498-2100 

frakea@braunkendrick.com 

Christoper G. Komara (P61503) 

City Attorney/Attorney for Respondent 

City of Midland 

333 W. Ellsworth St. 

Midland, MI 48640 

(989) 837-3395 

ckomara@midland-mi.org 

PROOF OF SERVICE 

LEE STADLER, duly sworn, deposes and says that she is a secretary in the employ of 

BRAUN KENDRICK FINKBEINER P.L.C., attorneys for the Respondent, City of Midland, and 

ay of October, 2025, she served a copy of Respondent’s Answer to 

Entire Tribunal Property Tax Petition via first class mail, by placing same in an envelope with 

sufficient postage attached and plainly addressed to: 

Michelle (Mikki) M. Silvey, 9229 Delegates 

states that on the 

\ 

Row, Suite 375, Indianapolis, IN 46240. 

4935-1068-1710, v. 

1 

Cy Ba 

LEE STADLER

Page 2

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO OF MICHIGAN, 

Petitioner, 

v 

CITY OF MIDLAND, 

Respondent. 

MTT Docket No.: 25-002061 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

By: 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467 

(917) 488-7825 

msilvey@dmainc.com 

amorse@dmainc.com 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Francis J. Keating (P39223) 

Attorneys for Respondent 

4301 Fashion Square Blvd. 

Saginaw, MI 48603 

(989) 498-2100 

frakea@braunkendrick.com 

Christoper G. Komara (P61503) 

City Attorney/Attorney for Respondent 

City of Midland 

333 W. Ellsworth St. 

Midland, MI 48640 

(989) 837-3395 

ckomara@midland-mi.org 

PROOF OF SERVICE 

Francis J. Keating, duly sworn, deposes and says that he is an attorney in the employ of 

BRAUN KENDRICK FINKBEINER P.L.C., attorneys for the Respondent, City of Midland, and 

states that on the 26" day of November, 2025, he served a copy of Respondent's Answer to 

Entire Tribunal Property Tax Petition via first class mail, by placing same in an envelope with 

sufficient postage attached and plainly addressed to: 

Michell 

ikki) 

M. Silve 

9 Delegates 

Row, Suite 375, Indianapolis, IN 46240. 

FRANCIS. Ee 

4935-1068-1710, v. 1

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Kroger v. Midland Answer to Petition.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO OF MICHIGAN, 

Petitioner, 

v 

CITY OF MIDLAND, 

Respondent. 

MTT Docket No.: 25-002061 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

By: 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467 

(917) 488-7825 

msilvey@dmainc.com 

amorse@dmainc.com 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Francis J. Keating (P39223) 

Attorneys for Respondent 

4301 Fashion Square Blvd. 

Saginaw, MI 48603 

(989) 498-2100 

frakea@braunkendrick.com 

Christoper G. Komara (P61503) 

City Attorney/Attorney for Respondent 

City of Midland 

333 W. Ellsworth St. 

Midland, MI 48640 

(989) 837-3395 

ckomara@midland-mi.org 

RESPONDENT’S ANSWER TO 

ENTIRE TRIBUNAL PROPERTY TAX PETITION — MULTIPLE PARCELS 

NOW COMES Respondent, 

City 

of Midland, 

by and through 

its attorneys, Braun 

Kendrick Finkbeiner P.L.C., and for its Answer to Entire Tribunal Property Tax Petition, states 

as follows: 

1: 

Admitted. 

2: 

Admitted. 

Admitted. 

[98 

4897-3370-8398, v. 1

Page 2

4. 

Respondent lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in paragraph 4. 

S. 

Admitted. 

6. 

Respondent admits no Board of Review protest was required. 

7. 

Admitted. 

8. 

Admitted. 

9. 

Admitted. 

10. 

~~ Respondent lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in paragraph 10. 

11. 

Respondent admits that Petitioner’s petition states that this appeal involves issues 

relating to the properties true cash value, taxable value, and uniformity. 

12. 

Admitted. 

13. 

Admitted. 

14. 

Respondent lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in paragraph 14. 

Respondent denies as untrue that the true cash value, 

state equalized value and taxable value determined by it for the subject properties, are incorrect. 

15. 

Respondent admits that Petitioner has correctly computed the amount of true cash 

value, state equalized value and taxable value in contention, by subtracting its erroneous value 

claims from the values correctly determined by Respondent. 

16. 

Respondent denies as untrue the allegations in paragraph 16 and any implication 

that the assessment of the subject properties is incorrect. 

16a. 

Respondent denies as untrue the allegations in paragraph 16a. 

16b. 

Respondent denies as untrue the allegations in paragraph 16b. 

4897-3370-8398, v. 1

Page 3

l6¢c. 

Respondent denies as untrue the allegations in paragraph 16c. 

16d. 

Respondent denies as untrue the allegations in paragraph 16d. 

ANSWER TO MULTIPLE PARCEL PETITION FORM 

1 OF 

1 

1. 

Admitted. 

2. 

Admitted. 

3. 

Respondent lacks knowledge or information sufficient to form a belief as to the 

truth of the allegations in paragraph 3. 

4. 

Respondent admits that Petitioner has correctly computed the values in dispute by 

subtracting its erroneously claimed values from the values correctly determined by Respondent. 

NEW MATTERS AND AFFIRMATIVE DEFENSES 

1. 

Petitioner has failed to allege specific and sufficient facts to set forth a cause of 

action against Respondent. 

2. 

Petitioner has failed 

to allege specific and sufficient facts 

to establish fraud, 

discrimination, or illegality on the part of the Respondent. 

3. 

Petitioner may not be the real party in interest to bring this tax appeal. 

4. 

Petitioner may not have standing to bring this tax appeal. 

5. 

Petitioner has failed to show that any factor other than fifty percent (50%) was 

applied to the true cash value of Petitioner’s properties, as well as all others, to arrive at the 

respective assessments appearing on the roll, and also fails to allege specific and sufficient facts 

to support its allegations that the properties taxable value is improper. 

6. 

Respondent 

has 

properly 

and 

lawfully 

assessed 

Petitioner's 

properties 

and 

established their taxable value in accordance with statutory and constitutional requirements. 

wl 

4897-3370-8398, v. 1

Page 4

7% 

All 

of the 

subject 

properties 

were 

assessed uniformly 

in accordance 

with 

Michigan law. 

8. 

Respondent reserves the right to assert additional affirmative defenses during the

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Order_Holding_Party_in_Default.2025-11-26_14-41-56.0000.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA

DIRECTOR

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

The Kroger Co of Michigan,

Petitioner, MICHIGAN TAX TRIBUNAL

 ENTIRE TRIBUNAL

v

 

MTT Docket No. 25-002061

City Of Midland,

Respondent.

ORDER OF DEFAULT

The Tribunal has reviewed the file in the above-captioned case and finds that:

Respondent has failed to file an answer. As such, Respondent must file and serve an 

answer to the petition and file proof demonstrating service of the answer within 14 days 

of the entry of this order. See TTR 235 and 227. Tribunal rules and information on 

Entire Tribunal answers can be found on our website at www.michigan.gov/taxtrib.

Therefore,

IT IS ORDERED that Respondent is HELD IN DEFAULT.

IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated 

above, within 14 days of the entry of this order.i 

Failure to comply with this order will result in the defaulted party being required to file a 

motion to set aside the default (with appropriate filing fee).

By:_______________________________

Entered: November 26, 2025

Patricia L. Halm, Tribunal Chair

PROOF OF SERVICE

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives.

By: Tribunal Clerk

i “A submission by mail is considered filed on the date indicated by the United States Postal Service 

postmark on the envelope containing the submission. A submission without a postmark or with an illegible 

postmark is considered filed on the date the submission is received by the tribunal. A submission by 

commercial delivery service is considered filed on the date the submission is given to the commercial 

service for delivery to the tribunal as indicated by the receipt date on the package containing the 

submission. A submission by personal service is considered filed on the date the submission is received.

Page 2

MTT Docket No. 25-002061

Page 2 of 6

A submission through the tribunal’s e-filing system by 11:59 p.m. on a business day is considered filed on 

that business day. A submission by email to the email address designated by the tribunal by 11:59 p.m. 

on a business day is considered filed on that business day. A submission on a Saturday, a Sunday, or a 

holiday is considered filed on the following business day, as provided by section 35a of the tax tribunal 

act, MCL 205.735a.” TTR 225(5)

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA

DIRECTOR

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

The Kroger Co of Michigan,

Petitioner, MICHIGAN TAX TRIBUNAL

 ENTIRE TRIBUNAL

v

 

MTT Docket No. 25-002061

City Of Midland,

Respondent.

ORDER OF DEFAULT

The Tribunal has reviewed the file in the above-captioned case and finds that:

Respondent has failed to file an answer. As such, Respondent must file and serve an 

answer to the petition and file proof demonstrating service of the answer within 14 days 

of the entry of this order. See TTR 235 and 227. Tribunal rules and information on 

Entire Tribunal answers can be found on our website at www.michigan.gov/taxtrib.

Therefore,

IT IS ORDERED that Respondent is HELD IN DEFAULT.

IT IS FURTHER ORDERED that the defaulted party shall cure the default, as indicated 

above, within 14 days of the entry of this order.ii 

Failure to comply with this order will result in the defaulted party being required to file a 

motion to set aside the default (with appropriate filing fee).

By:_______________________________

Entered: November 26, 2025

Patricia L. Halm, Tribunal Chair

PROOF OF SERVICE

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or

Page 4

MTT

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Page 1

oF y 

0, 

AL 

1 

an 

MICHIGAN TAX TRIBUN 

City Hall 

+ 333 West Ellsworth Street 

+ Midland, Michigan 48640-5132 

+ 989.837.3300 

¢ 989.835.2717 Fax 

¢ www.cityofmidlandmi.gov 

September 30, 2025 

Samantha M. Welton 

Chief Clerk 

Michigan Tax Tribunal 

PO Box 30232 

Lansing, Michigan 48909 

RE: 

The Kroger Co. of Michigan v. City of Midland 

MTT Docket No.: 25-002061-TT 

Dear Ms. Welton: 

Enclosed for filing please find the Respondent City of Midland’s Appearance and Notice of 

Appearance along with a Certificate of Service in regards to the above-referenced case. 

Please do not hesitate to contact our office if you have any questions or comments. 

Sincerely, 

— 

Disa, 

Sw Sass 

ND) 

Lesley A. Kovacevich 

Senior Paralegal 

City Attorney’s Office 

Enclosures 

cc: 

Michelle (Mikki) Silvey 

Alex Morse 

Francis J. Keating

Page 2

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM — MICHIGAN TAX TRIBUNAL 

THE KROGER CO. OF MICHIGAN, 

Petitioner, 

v 

CITY OF MIDLAND, 

Respondent. 

/ 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

By: 

Michelle (Mikki) M. Silvey 

Alex Morse 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(313) 596-3260, ext 2404 

msilvey@dmainc.com 

amorse@dmainc.com 

Christopher G. Komara (P61503) 

City Attorney/Attorney for Respondent 

City of Midland 

333 W. Ellsworth Street 

Midland, Michigan 48640 

(989) 837-3395 

ckomara@midland-mi.org 

/ 

APPEARANCE 

TO: 

Chief Clerk of the Michigan Tax Tribunal 

NOW COMES the City Attorney for the City of Midland, Christopher G. Komara, and 

hereby enters his Appearance as counsel on behalf of the Respondent, City of Midland, in the above- 

referenced case. 

MTT: 

25-002061-TT 

Francis J. Keating (P39223) 

Braun Kendrick Finkbeiner, PLC 

Attorney for Respondent 

4301 Fashion Square Boulevard 

Saginaw, Michigan 48603 

(989) 498-2100 

frakea@braunkendrick.com

Page 3

NOTICE OF APPEARANCE 

TO: 

Samantha M. Welton 

Chief Clerk 

Michigan Tax Tribunal 

PO Box 30232 

Lansing, Michigan 48909 

Please take notice that I, Christopher G. Komara, City Attorney for the City of Midland, 

have this day entered my Appearance as Counsel for the Respondent, City of Midland, in the 

above-referenced case. 

7) 

a 

Christopher G. Komara (P61503) 

City Attorney 

City of Midland 

333 W. Ellsworth Street 

Midland, Michigan 48640 

(989) 837-3395 

Dated: 09/30/2025

Page 4

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN ADMINISTRATIVE HEARINGS SYSTEM — MICHIGAN TAX TRIBUNAL 

THE KROGER CO. OF MICHIGAN, 

Petitioner, 

v 

CITY OF MIDLAND, 

Respondent. 

/ 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

By: 

Michelle (Mikki) M. Silvey 

Alex Morse 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(313) 596-3260, ext 2404 

msilvey@dmainc.com 

amorse@dmainc.com 

Christopher G. Komara (P61503) 

City Attorney/Attorney for Respondent 

City of Midland 

333 W. Ellsworth Street 

Midland, Michigan 48640 

(989) 837-3395 

ckomara@midland-mi.org 

MTT: 

25-002061-TT 

Francis J. Keating (P39223) 

Braun Kendrick Finkbeiner, PLC 

Attorney for Respondent 

4301 Fashion Square Boulevard 

Saginaw, Michigan 48603 

(989) 498-2100 

frakea@braunkendrick.com 

CERTIFICATE OF SERVICE 

THE UNDERSIGNED certifies that an Appearance and Notice of Appearance of Christopher 

G. Komara, City Attorney for the City of Midland were served upon: 

Michelle (Mikki) M. Silvey and Alex Morse, Representatives for Petitioner, via first-class 

mail, postage pre-paid, to: 9229 Delegates Row, Suite 375, Indianapolis, IN 46240 

and 

Francis J. Keating, Attorney for Respondent, via email to: frakea@braunkendrick.com 

on the below date. 

—

Page 5

Mid = 

City Hall » 333 West Ellsworth Street + Midland, MI 48640 

City Attorney's Office 

Samantha M. Welton 

Chief Clerk 

Michigan Tax Tribunal 

PO Box 30232 

Lansing, Michigan 48909 

STR 

| RETR 

TR 

TB 

FA {ERT RAL

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Page 1

BRAUN KENDRICK 

FRANCIS J. KEATING 

ATTORNEYS AT LAW 

Attorney 

TEL: 989.631.1027 

FAX: 989.631.9880 

EMAIL: frakea@braunkendrick.com 

September 23, 2025 

VIA E-MAIL: taxtrib@michigan.gov 

Ms. Samantha M. Welton 

Chief Clerk 

Michigan Tax Tribunal 

P.O. Box 30232 

Lansing, MI 48909 

Re: 

The Kroger Co of Michigan v City of Midland 

MTT Docket No.: 25-002061 

Dear Ms. Welton: 

Enclosed please find Respondent’s Appearance and Proof of Service for the above-referenced matter. 

Please file the same in your usual manner. 

Thank you for your attention to this matter. 

If you have any questions regarding it, please contact me. 

el 

CIS J. KEATING 

FIK/Is 

Enclosures 

cc: 

Client (w/encs) 

Mikki Silvey (w/encs) 

4916-4232-9451, v. 

1 

BRAUN KENDRICK FINKBEINER P.L.C. 

MIDLAND 

SAGINAW 

MT. PLEASANT 

240 W. Main St, 

Suite 1200, Midland, 

MI 48640 

TEL: 

989.631.1027 

TEL: 

989.498.2100 

TEL: 

989.775.7404 

FAX: 989.631.9880 

FAX: 989.799.4666 

FAX: 989.775.3764 

BRAUNKENDRICK.COM

Page 2

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO OF MICHIGAN, 

Petitioner, 

MTT Docket No.: 25-002061 

v 

CITY OF MIDLAND, 

Respondent. 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Michelle (Mikki) M. Silvey (P69494) 

By: 

Francis J. Keating (P39223) 

Alex Morse 

Attorneys for Respondent 

Representatives for Petitioner 

4301 Fashion Square Blvd. 

9229 Delegates Row, Suite 375 

Saginaw, MI 48603 

Indianapolis, IN 46240 

(989) 498-2100 

(317) 689-6467 

frakea@braunkendrick.com 

(917) 488-7825 

msilvey@dmainc.com 

amorse@dmainc.com 

APPEARANCE 

NOW COMES Braun Kendrick Finkbeiner P.L.C., by Francis 

J. Keating, and hereby 

enters its Appearance on behalf of Respondent, City of Midland. 

BRAUN KENDRICK FINKBEINER P.L.C. 

Dated: September oZ¢, 2025 

BY: 

FRA 

J. KEATING (P39223) 

Attofneys 

espondent 

4896-3201-2651, v. 1

Page 3

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO OF MICHIGAN, 

Petitioner, 

v 

CITY OF MIDLAND, 

Respondent. 

MTT Docket No.: 25-002061 

DUCHARME, MCMILLEN & ASSOCIATES, INC. 

By: 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467 

(917) 488-7825 

msilvey@dmainc.com 

amorse@dmainc.com 

BRAUN KENDRICK FINKBEINER P.L.C. 

By: 

Francis J. Keating (P39223) 

Attorneys for Respondent 

4301 Fashion Square Blvd. 

Saginaw, MI 48603 

(989) 498-2100 

frakea@braunkendrick.com 

PROOF OF SERVICE 

LEE STADLER, duly sworn, deposes and says that she is a secretary in the employ of 

BRAUN KENDRICK FINKBEINER P.L.C., attorneys for the Respondent, City of Midland, and 

states that on the day of September, 2025, she served a copy of Respondent’s Appearance 

via first class mail, by placing same in an envelope with sufficient postage attached and plainly 

addressed to: 

Michelle (Mikki) M. Silvey, 9229 Delegates Row, Suite 375, Indianapolis, IN 46240. 

4918-8894-1419, v. 

1 

a 

LEE STADLER

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Kroger-Midland (7 parcels) 25-002061-TT.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO. OF MICHIGAN. 

Petitioner, 

MTT DOCKET NO. 25-002061-TT 

CITY OF MIDLAND 

Respondent. 

PROOF OF SERVICE 

Michelle (Mikki) M. Silvey, being first duly sworn, deposes and says that on the 16% day of 

September 2025 she served a copy of the Petition upon the following persons by placing 

same in an envelope properly addressed to each via USPS first class thereon: 

Ann Manary 

Midland Public Schools 

Midland County Clerk 

Jennifer Ringgold, School Board Secretary 

220 

W 

Ellsworth Street 

600 E Carpenter St 

Midland, MI 48640-5194 

Midland, MI 48640 

Michigan State Treasurer 

Chris Gaumer 

Department of Treasury 

Midland County Equalization Director 

Treasury Building 

220 W Ellsworth Street 

430 West Allegan 

Midland, MI 48640-5194 

Lansing, MI 48922 

j 

Sr 

Mice (@ 

cy 

Michelle (Mikki) M. Silvey (P69494) 

Authorized Agent

Page 2

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO. OF MICHIGAN. 

) 

) 

) 

Petitioner, 

) 

MTT DOCKET NO. 25-002061-TT 

) 

CITY OF MIDLAND 

) 

) 

) 

Respondent. 

) 

PROOF OF SERVICE 

Michelle (Mikki) M. Silvey, being first duly sworn, deposes and says that on the 16th day of 

September 2025 she served a copy of the Petition upon the following persons by placing 

same in an envelope properly addressed to each via certified mail thereon: 

City of Midland Assessor 

333 W Ellsworth Street 

Midland, MI 48640 

City of Midland Clerk 

333 W Ellsworth Street 

Midland, MI 48640 

Mics (0 Pee 

Michelle (Mikki) M. Silvey (P69494) 

Authorized Agent

Page 3

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO. OF MICHIGAN 

MTT Docket No. 25-002061 

TT 

Petitioner, 

Vv 

CITY OF MIDLAND 

, 

Respondent. 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

DuCharme, McMillen & Associates, 

Inc. Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467-ofc 

(917) 488-7825-mobile 

msilvey@dmainc.com 

amorse@dmainc.com 

ENTIRE TRIBUNAL PROPERTY TAX PETITION — MULTIPLE PARCEL PETITION 

1. 

Property Parcel No.: 11-33-40-100 

2. 

The property identified above is 

_real 

. 

3. 

More than one parcel of real property is included in the subject of this appeal and the 

parcels are contiguous.

Page 4

MTT Docket No. 25-002061 

-TT 

Page 2 of 5 

4. 

Petitioner owns and/or otherwise holds an interest in the parcels of property that arc the 

subject of this appeal. 

5. 

The property identified above is classified as 

202 Commercial-Vacant 

6. 

The assessment(s) at issue were not protested to Respondent’s March, July, or December 

Board of Review as a protest was not required. 

7. 

The property or properties at issue are in 

_Midland 

County. 

8. 

The property identified above’s address is: 

315 Joe Mann Blvd, Midland, MI 48642 

9. 

The assessment(s) at issue were established by the: City of Midland 

10. Petitioner’s legal residence or principal office address is: 

1014 Vine Street, Cincinnati, OH 45202 

11. This appeal involves issues relating to the property or properties’ true cash and taxable 

values and uniformity. 

12. The tax year at issue is: 2025. 

13. The values for the property identified above as established by Respondent’s 2025 Board 

of Review are: 

Tax 

True Cash 

Assessed 

Taxable 

Year 

Value 

Value 

Value 

2025 

$2,073,200 

$1,036,600 

$921,244 

14. Petitioner contends the values for tax year 2025 are no more than the following: 

Tax 

True Cash 

State Equalized 

Taxable 

Year 

Value 

Value 

Value 

2025 

$1,720,000 

$860,000 

$860,000

Page 5

MTT Docket No. 25-002061 

Page 3 of 5 

-TT 

15. The values in contention [or tax year 2025 are: 

Tax 

True Cash 

State Equalized 

Taxable 

Year 

Value 

Value 

Value 

2025 

$353,200 

$176,600 

$61,244 

16. The 2025 assessments imposed on the subject property and the taxes to be levied and 

collected are invalid because: 

(a) The assessment, including state equalized and/or taxable value, exceeds the amount 

permitted by the Michigan Constitution and applicable statutes; 

(b) The assessment, including state equalized and/or taxable value, is at a higher 

percentage of true cash value than permissible under the Michigan Constitution and 

applicable statutes; 

(c) The assessment is based on the misapplication of valuation principles, and 

(d) The

Page 6

MTT

Page 7

MT

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

MTT Docket No. 25-_________-TT 

_________________________________, 

Petitioner, 

v 

________________________________, 

Respondent. 

______________________________/ 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

DuCharme, McMillen & Associates, 

Inc. Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467-ofc

(917) 488-7825-mobile

msilvey@dmainc.com

amorse@dmainc.com

 

/

ENTIRE TRIBUNAL PROPERTY TAX PETITION – MULTIPLE PARCEL PETITION 

1. Property Parcel No.: 

2. The property identified above is 

.

3. More than one parcel of real property is included in the subject of this appeal and the

parcels are contiguous.

THE KROGER CO. OF MICHIGAN 

CITY OF MIDLAND 

11-33-40-100 

 real

Page 2

MTT Docket No. 25-_________-TT 

Page 2 of 5 

4. Petitioner owns and/or otherwise holds an interest in the parcels of property that are the

subject of this appeal.

5. The property identified above is classified as ______________________________.

6. The assessment(s) at issue were not protested to Respondent’s March, July, or December

Board of Review as a protest was not required.

7. The property or properties at issue are in __________ County.

8. The property identified above’s address is:

__________________________________________________.

9. The assessment(s) at issue were established by the: _________________________.

10. Petitioner’s legal residence or principal office address is:

__________________________________________________.

11. This appeal involves issues relating to the property or properties’ true cash and taxable

values and uniformity.

12. The tax year at issue is: 2025.

13. The values for the property identified above as established by Respondent’s 2025 Board

of Review are:

Tax 

Year 

True Cash 

Value 

Assessed 

Value 

Taxable 

Value 

2025 

14. Petitioner contends the values for tax year 2025 are no more than the following:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2025 

 202 Commercial-Vacant 

 Midland 

315 Joe Mann Blvd, Midland, MI 48642 

City of Midland 

1014 Vine Street, Cincinnati, OH 45202 

$2,073,200 

$1,036,600 

$921,244 

$1,720,000 

$860,000 

$860,000

Page 3

MTT Docket No. 25-_________-TT 

Page 3 of 5 

15. The values in contention for tax year 2025 are:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2025 

16. The 2025 assessments imposed on the subject property and the taxes to be levied and 

collected are invalid because:

(a) The assessment, including state equalized and/or taxable value, exceeds the amount 

permitted by the Michigan Constitution and applicable statutes;

(b) The assessment, including state equalized and/or taxable value, is at a higher 

percentage of true cash value than permissible under the Michigan Constitution and 

applicable statutes;

(c) The assessment is based on the misapplication of valuation principles, and

(d) The assessment otherwise violates Petitioner’s rights.

WHEREFORE, Petitioner respectfully requests this honorable Tribunal hear this case 

and enter an order reducing the 2025 true cash, state equalized and taxable values and direct 

Respondent to refund to Petitioner any excess taxes, fees, and penalties paid, plus interest and 

costs, and all other relief to which it is entitled under Michigan law and as is appropriate under 

the circumstances. 

Respectfully submitted, 

DuCharme, McMillen & Associates, Inc. 

Dated: May ___, 2025 

By: 

______________________________ 

Michelle (Mikki) M. Silvey (P69494) 

Petitioner’s Representative 

$353,200 

$176,600 

$61,244 

31

Page 4

MTT Docket No. 25-_________-TT 

MTT Docket No. 25-_________-TT 

Page 4 of 5 

_______________________________, 

Petitioner, 

v 

______________________________, 

Respondent. 

ENTIRE TRIBUNAL PROPERTY TAX PETITION 

MULTIPLE PARCEL PETITION FORM 1 OF 1 

1. The classification of the property or properties identified herein as established by

Respondent’s Board of Review is:

Tax 

Year 

Parcel Number 

Real/Personal 

Classification 

2025 

2. The values for the property or properties identified herein as established by Respondent’s

Board of Review are:

Tax 

Year 

Parcel Number 

True Cash 

Value 

Assessed Value 

Taxable Value 

2025 

THE KROGER CO. OF

Page 5

MTT

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Page 1

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA

DIRECTOR

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906

The Kroger Co of Michigan, 

Petitioner,

 MICHIGAN TAX TRIBUNAL

v

MTT Docket No.: 25-002061

City Of Midland, 

Respondent.

NOTICE OF DOCKET NUMBER

TAKE NOTICE that an Entire Tribunal petition has been filed and the above-noted 

docket number has been assigned to that petition. This docket number shall be noted 

on the petition and the petition shall be served within 45 days of the issuance of 

this notice, as required by TTR 227 and MCL 205.735a, even if the petition was served 

when filed. A proof of service shall also be filed with the Tribunal within 45 days of the 

issuance of this notice evidencing the service of the petition. 

If you submitted a proof of service with the petition, you must still serve the petition and 

file a second proof of service including the docket number, pursuant to this notice. 

Failure to serve the petition and file a proof of service within 45 days of the issuance of 

the notice may result in the dismissal of this case.

Under TTR 235(1), “[t]he respondent shall file an answer or responsive motion within 28 

days after the date of service of the petition with noted docket number.” Failure to do so 

will result in Respondent being placed in default.

The docket number also needs to be noted on all other documents submitted in this 

case. Further, the assignment of the docket number does not mean that the Tribunal 

has authority over the petition or that the petition complies with statutory requirements 

or the Tribunal’s rules.

By: __Tribunal Clerk________

Entered: August 8, 2025

PROOF OF SERVICE

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives.

By: Tribunal Clerk

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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

MTT Docket No. 25-_________-TT 

_________________________________, 

Petitioner, 

v 

________________________________, 

Respondent. 

______________________________/ 

Michelle (Mikki) M. Silvey (P69494) 

Alex Morse 

DuCharme, McMillen & Associates, 

Inc. Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, IN 46240 

(317) 689-6467-ofc

(917) 488-7825-mobile

msilvey@dmainc.com

amorse@dmainc.com

 

/

ENTIRE TRIBUNAL PROPERTY TAX PETITION – MULTIPLE PARCEL PETITION 

1. Property Parcel No.: 

2. The property identified above is 

.

3. More than one parcel of real property is included in the subject of this appeal and the

parcels are contiguous.

THE KROGER CO. OF MICHIGAN 

CITY OF MIDLAND 

11-33-40-100 

 real

Page 2

MTT Docket No. 25-_________-TT 

Page 2 of 5 

4. Petitioner owns and/or otherwise holds an interest in the parcels of property that are the

subject of this appeal.

5. The property identified above is classified as ______________________________.

6. The assessment(s) at issue were not protested to Respondent’s March, July, or December

Board of Review as a protest was not required.

7. The property or properties at issue are in __________ County.

8. The property identified above’s address is:

__________________________________________________.

9. The assessment(s) at issue were established by the: _________________________.

10. Petitioner’s legal residence or principal office address is:

__________________________________________________.

11. This appeal involves issues relating to the property or properties’ true cash and taxable

values and uniformity.

12. The tax year at issue is: 2025.

13. The values for the property identified above as established by Respondent’s 2025 Board

of Review are:

Tax 

Year 

True Cash 

Value 

Assessed 

Value 

Taxable 

Value 

2025 

14. Petitioner contends the values for tax year 2025 are no more than the following:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2025 

 202 Commercial-Vacant 

 Midland 

315 Joe Mann Blvd, Midland, MI 48642 

City of Midland 

1014 Vine Street, Cincinnati, OH 45202 

$2,073,200 

$1,036,600 

$921,244 

$1,720,000 

$860,000 

$860,000

Page 3

MTT Docket No. 25-_________-TT 

Page 3 of 5 

15. The values in contention for tax year 2025 are:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2025 

16. The 2025 assessments imposed on the subject property and the taxes to be levied and 

collected are invalid because:

(a) The assessment, including state equalized and/or taxable value, exceeds the amount 

permitted by the Michigan Constitution and applicable statutes;

(b) The assessment, including state equalized and/or taxable value, is at a higher 

percentage of true cash value than permissible under the Michigan Constitution and 

applicable statutes;

(c) The assessment is based on the misapplication of valuation principles, and

(d) The assessment otherwise violates Petitioner’s rights.

WHEREFORE, Petitioner respectfully requests this honorable Tribunal hear this case 

and enter an order reducing the 2025 true cash, state equalized and taxable values and direct 

Respondent to refund to Petitioner any excess taxes, fees, and penalties paid, plus interest and 

costs, and all other relief to which it is entitled under Michigan law and as is appropriate under 

the circumstances. 

Respectfully submitted, 

DuCharme, McMillen & Associates, Inc. 

Dated: May ___, 2025 

By: 

______________________________ 

Michelle (Mikki) M. Silvey (P69494) 

Petitioner’s Representative 

$353,200 

$176,600 

$61,244 

31

Page 4

MTT Docket No. 25-_________-TT 

MTT Docket No. 25-_________-TT 

Page 4 of 5 

_______________________________, 

Petitioner, 

v 

______________________________, 

Respondent. 

ENTIRE TRIBUNAL PROPERTY TAX PETITION 

MULTIPLE PARCEL PETITION FORM 1 OF 1 

1. The classification of the property or properties identified herein as established by

Respondent’s Board of Review is:

Tax 

Year 

Parcel Number 

Real/Personal 

Classification 

2025 

2. The values for the property or properties identified herein as established by Respondent’s

Board of Review are:

Tax 

Year 

Parcel Number 

True Cash 

Value 

Assessed Value 

Taxable Value 

2025 

THE KROGER CO. OF

Page 5

MTT

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09._Entire_Tribunal_Case_Information_Sheet_Must_Upload_Petition_.c8940e51-c0b0-41d0-a048-d1110a4b7df4.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

ORLENE HAWKS

DIRECTOR

Entire Tribunal Case Information Sheet - Petitioner

MOAHR DOCKET NO. 

Section 1: Petitioner’s Contact Information

Filer type: Organization

First Name/Company Name

M.I.

Last Name

THE KROGER CO. OF MICHIGAN

Home Address (No., Street, P.O. Box or Rural Route)

1014 Vine Street

City or Town

Cincinnati

State

Ohio

ZIP Code

45202

Telephone Number

9174887825

Fax Number

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)

msilvey@dmainc.com

Section 2: Attorney/Authorized Representative’s Contact Information

First Name

Michelle (Mikki)

M.I.

M

Last Name

Silvey

Firm Name (if any)

Address (No., Street, P.O. Box or Rural Route)

9229 Delegates Row, Ste 375

City or Town

Indianapolis

State

Indiana

ZIP Code

46240

Telephone Number

317-596-3260

Fax Number

E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)

msilvey@dmainc.com

Section 5: Issue

Please designate one: 

Valuation – Fill out Sections 4, 5, & 6 below

Section 6: Subject Property Information

How many parcels are you 

appealing?7

Property Address (No., Street, City, ST, ZIP) [If multiple, list first property’s address]

315 Joe Mann Blvd

Midland

Michigan

48642

Taxing Authority (City or Township)

City Of Midland (MIDLAND)

County

Midland

If you are appealing more than one parcel, are they contiguous or adjoining? Yes

(*If no, you must file separate appeals for each non-contiguous or non-adjoining parcel.)

Page 2

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

ORLENE HAWKS

DIRECTOR

Section 7: Check which of the following you are appealing (check all that apply)

True Cash and Taxable Values

Section 8: Valuation Information for Each Parcel under Appeal

Parcel Number:

11-33-40-100

Classification of Property: Real 

Commercial

Current Assessed Value (also known as State Equalized Value) as established by the Board of Review:

1036600

Current Taxable Value as established by the Board of Review:

921244

What do you believe is the fair market value (also known as True Cash Value)?

1720000

Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value).

860000

If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.

Parcel Number:

11-33-40-001

Classification of Property: Real 

Commercial

Current Assessed Value (also known as State Equalized Value) as established by the Board of Review:

61200

Current Taxable Value as established by the Board of Review:

61200

What do you believe is the fair market value (also known as True Cash Value)?

100000

Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value).

50000

If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.

Parcel Number:

11-33-40-800

Classification of Property: Real 

Commercial

Current Assessed Value (also known as State Equalized Value) as established by the Board of Review:

76600

Current Taxable Value as established by the Board of Review:

76600

What do you believe is the fair market value (also known as True Cash Value)?

120000

Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value).

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

ORLENE HAWKS

DIRECTOR

60000

If you belive the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value.

Parcel Number:

11-33-40-810

Classification of Property: Real 

Commercial

Current Assessed Value (also known as State Equalized Value) as established by the Board of Review:

61200

Current Taxable Value as established by the Board of Review:

61200

What do you believe is the fair market value (also known as True Cash Value)?

100000

Multiply the True Cash Value by 50% and enter here. This is your contention of Assessed Value (also known as State Equalized Value).

50000

If you belive the Taxable Value differs from your contention of Assessed

Page 4

STAT

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