Record Finder / 26-001670-TT
Michigan

The Kroger Co Of Michigan Petitioner Vs. Township Of Commerce Respondent

Petitioner
The Kroger Co Of Michigan
Respondent
Township Of Commerce

Case overview

Docket number
26-001670-TT
Status
Answer Due
CaseType
ET Property
Division
ET
County
Oakland
Judge
No judge assigned

Docket history

Line #SubjectFilerLine RefEnter Date/Post MarkFeeRelated Item
5Answer was receivedRESPNot recorded10/09/2026Not recordedDownload
Not recordedNot recordedNot recordedNot recordedNot recordedNot recordedDownload
4Proof of service of petition was received.PETNot recorded09/14/2026Not recordedDownload
Not recordedNot recordedNot recordedNot recordedNot recordedNot recordedDownload
3Petition has been verifiedPET108/21/2026Not recordedDownload
Not recordedNot recordedNot recordedNot recordedNot recordedNot recordedDownload
2Notice of Docket Number ETNot recordedNot recorded08/21/2026Not recordedDownload
1A petition was received.PETNot recorded05/28/2026$600.00Download
Not recordedNot recordedNot recordedNot recordedNot recordedNot recordedDownload

Documents

2026-10-09 Appearance & Answer.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, 

 

 

Petitioner, 

 

v. 

 

CHARTER TOWNSHIP OF COMMERCE, 

 

 

Respondent. 

 

 

 

MTT Docket No. 26-001670 

Parcel No. 17-12-276-008 

 

 

 

 

MICHELLE M. SILVEY (P69494) 

ALEX MORSE 

CAMERON BECKNER 

DUCHARME, MCMILLEN & 

ASSOCIATES, INC. 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, Indiana 46240 

(317) 596-3260 

Msilvey@dmainc.com 

Amorse@dmainc.com 

Cbeckner@dmainc.com

G. HANS RENTROP (P65121) 

JOHN W. KUMMER (P79967) 

ADKISON, NEED, ALLEN, & 

RENTROP, PLLC 

Attorneys for Respondent 

39572 Woodward Avenue, Suite 222 

Bloomfield Hills, Michigan 48304 

(248) 540-7400 

Jkummer@anafirm.com 

 

 

 

APPEARANCE 

 

TO: 

CLERK OF THE COURT 

 

PLEASE ENTER the appearance of Adkison, Need, Allen, & Rentrop, PLLC for and on 

behalf of RESPONDENT CHARTER TOWNSHIP OF COMMERCE in the above-captioned 

matter. 

Respectfully submitted, 

ADKISON, NEED, ALLEN, & RENTROP, PLLC 

 

 

By: 

/s/ John W. Kummer 

 

John W. Kummer (P79967) 

Attorney for Respondent 

39572 Woodward Avenue, Suite 222 

Bloomfield Hills, Michigan 48304 

Dated: October 9, 2026 

(248) 540-7400

Page 2

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

 

THE KROGER CO. OF MICHIGAN, 

 

 

Petitioner, 

 

v. 

 

CHARTER TOWNSHIP OF COMMERCE, 

 

 

Respondent. 

 

 

 

MTT Docket No. 26-001670 

Parcel No. 17-12-276-008 

 

 

 

 

MICHELLE M. SILVEY (P69494) 

ALEX MORSE 

CAMERON BECKNER 

DUCHARME, MCMILLEN & 

ASSOCIATES, INC. 

Representatives for Petitioner 

9229 Delegates Row, Suite 375 

Indianapolis, Indiana 46240 

(317) 596-3260 

Msilvey@dmainc.com 

Amorse@dmainc.com 

Cbeckner@dmainc.com

G. HANS RENTROP (P65121) 

JOHN W. KUMMER (P79967) 

ADKISON, NEED, ALLEN, & 

RENTROP, PLLC 

Attorneys for Respondent 

39572 Woodward Avenue, Suite 222 

Bloomfield Hills, Michigan 48304 

(248) 540-7400 

Jkummer@anafirm.com 

 

 

 

ANSWER TO PETITION 

 

Now comes Respondent, Charter Township of Commerce, which is located in Oakland 

County, Michigan, by its attorneys, Adkison, Need, Allen, & Rentrop, PLLC, and for its Answer 

to Petition states as follows: 

1. 

Respondent admits the allegations contained in Paragraph 1. 

2. 

Respondent admits the allegations contained in Paragraph 2. 

3. 

Respondent admits the allegations contained in Paragraph 3. 

4. 

Respondent neither admits nor denies the allegations contained in Paragraph 4 for 

lack of sufficient information on which to form a belief and Petitioner is left to its proofs. 

5. 

Respondent admits the allegations contained in Paragraph 5. 

6. 

Respondent admits the allegations contained in Paragraph 6.

Page 3

The Kroger Co. of Michigan v. Charter Township of Commerce 

MTT Docket No. 26-001670 

Answer to Petition 

Page 2 

 

 

 

 

 

7. 

Respondent admits the allegations contained in Paragraph 7. 

8. 

Respondent admits the allegations contained in Paragraph 8. 

9. 

Respondent admits the allegations contained in Paragraph 9. 

10. 

Respondent neither admits nor denies the allegations contained in Paragraph 10 for 

lack of sufficient information on which to form a belief and Petitioner is left to its proofs. 

11. 

Respondent neither admits nor denies the allegations contained in Paragraph 11 for 

lack of sufficient information on which to form a belief and Petitioner is left to its proofs. 

12. 

Respondent admits the allegations contained in Paragraph 12. 

13. 

Respondent admits the allegations contained in Paragraph 13. 

14. 

Respondent denies the allegations contained in Paragraph 14 for the reason that said 

allegations are untrue. 

15. 

Respondent acknowledges the values in dispute contained in Paragraph 15, but 

denies the issues raised. 

16. 

Respondent denies the allegations contained in Paragraph 16 subparagraphs (a) 

through (d), for the reason that the same are untrue. The assessed, state equalized and/or taxable 

values do not exceed permitted amounts, do not exceed the percentage of true cash value permitted 

by law, were correctly determined and are based upon correction application of proper principles, 

and the values and Respondent's mode of assessment are non-discriminatory and constitutional. 

WHEREFORE, Respondent requests that the Tribunal affirm the assessments of the subject 

property, or increase same if the proofs submitted at trial warrant such action, and award Respondent 

its costs and fees incurred in defending this action.

Page 4

The Kroger Co. of Michigan v. Charter Township of Commerce 

MTT Docket No. 26-001670 

Answer to Petition 

Page 3 

 

 

 

 

 

Respectfully submitted, 

ADKISON, NEED, ALLEN, & RENTROP, PLLC 

 

 

By: 

/s/ John W. Kummer 

 

John W. Kummer (P79967) 

Attorney for Respondent 

39572 Woodward Avenue, Suite 222 

Bloomfield Hills, Michigan 48304 

Dated: October 9, 2026 

(248) 540-7400

 

AFFIRMATIVE DEFENSES 

Respondent asserts the following affirmative defenses in response to Petitioner’s Petition: 

1. 

Respondent will rely upon all affirmative defenses available pursuant to MCR 

2.111 and MCR 2.116. 

2. 

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

against Respondent and to support its claim for relief. 

3. 

The Tribunal is charged with finding a property’s true cash value to determine the 

property’s lawful assessment. Alhi Development Co v. Orion Twp, 110 Mich App 764, 767 (1981). 

4. 

Petitioner has the burden of establishing the property’s true cash value. See MCL 

205.737(3) and Kern v. Pontiac Twp, 93 Mich App 612 (1974). 

5. 

Petitioner has failed to allege specific and sufficient facts to establish fraud, error 

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

its agents. 

6. 

Petitioner has failed to allege that the mode and method of assessing the subject 

property fails to conform to the mode and method applied in the case of all other properties in 

Respondent’s taxing unit for the year in question.

Page 5

The Kroger Co.

Page 6

m:\

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EntireTribunalCaseISAnswer.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

Entire Tribunal Case Information Sheet - Respondent

MTT DOCKET NO. 26-001670

Section 1: Respondent’s Contact Information

Filer Type: 

Local Unit of Government

Local Unit of Government

Township Of Commerce (OAKLAND)

First Name

M.I.

Last Name

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

City or Town

State

ZIP Code

Telephone Number

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

 

Section 2: Attorney/Authorized Representative’s Contact Information

First Name

John

M.I.

W

Last Name

Kummer

Firm Name (if any)

Adkison, Need, Allen, & Rentrop, PLLC

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

39572 Woodward Avenue

Suite 222

City or Town

Bloomfield Hills

State

 Michigan

ZIP Code

48304

Telephone Number

2485407400

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

jkummer@anafirm.com

Electronic Signature *Typing your name below will serve as your signature

Respondent or Authorized Attorney/Representative’s Signature: 

John W. Kummer

/s/

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SCANNED KROGER - COMMERCE CHARTER TOWNSHIP 26-001670 POS.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. 26-001670-TT 

Commerce Charter Township, 

Respondent. 

PROOF OF SERVICE 

Michelle (Mikki) M. Silvey, being first duly sworn, deposes and says that on the 14" day of 

September 2026 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: 

Lisa Brown 

Walled Lake Consolidated School District 

Oakland County Clerk 

Ronald Lippitt, School Board Secretary 

1200 North Telegraph Road, Dept. #415 

850 Ladd Road, Building D 

Pontiac, MI 48341 

Walled Lake, MI48390 

Micheal R. Lohmeier 

Michigan State Treasurer 

Oakland County Equalization Director 

Department of Treasury 

250 Elizabeth Lake Rd 

Treasury Building 

Suite 1000 W 

430 West Allegan 

Pontiac, MI 48341 

Lansing, MI 48922 

Mice (0 Soy 

Michelle (Mikki) M. Silvey (P69494) 

Authorized Agent

Page 2

STATE OF MICHIGAN 

MICHIGAN TAX TRIBUNAL 

THE KROGER CO OF MICHIGAN. 

Petitioner, 

MTT DOCKET NO. 26-001670-TT 

Commerce Charter Township 

Respondent. 

PROOF 

OF SERVICE 

Michelle (Mikki) M. Silvey, being first duly sworn, deposes and says that on the 14 day of 

September 2026 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: 

Commerce Charter Township Assessor 

Larry Gray 

2009 Township Drive 

Commerce Charter Township Supervisor 

Commerce Twp., MI 48390 

2009 Township Drive 

Commerce Twp., MI 48390 

Melissa Creech 

Commerce Charter Township Clerk 

2009 Township Drive 

Commerce Twp., MI 48390 

ids 

((0 S 

Mic 

(0 

0) 

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. 26-001670-TT 

0) 

Petitioner, 

v 

Commerce Charter Township 

Respondent. 

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 

ENTIRE TRIBUNAL PROPERTY TAX PETITION 

1. 

Property Parcel No.: E -17-12-276-008 

2. 

The property identified above is real 

3. 

Only one parcel of property is the subject of this appeal. 

4. 

Petitioner owns and/or otherwise holds an interest in the parcel of property that is the 

subject of this appeal. 

5. 

The property identified above is classified as 201 Commercial-Improved

Page 4

MTT Docket No. 26-001670-TT 

Page 2 of 3 

6. 

10. 

11. 

12. 

13. 

14. 

15. 

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

Board of Review as a protest was not required. 

Oakland 

The property or properties at issue are in 

County. 

The property or properties’ address is: 

2905 Union Lake Rd, Commerce Township, MI 48382-3565 

The assessment(s) at issue were established by the; Commerce Charter Township 

Petitioner’s legal residence or principal office address is: 

1014 Vine Street, Cincinnati, OH 45202 

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

values and uniformity. 

The tax year at issue is: 2026. 

The values for the property identified above as established by Respondent’s 2026 Board 

of Review are: 

Tax 

True Cash 

Assessed 

Taxable 

Year 

Value 

Value 

Value 

2026 

$6,338,780 

$3,169,390 

$2,703,710 

Petitioner contends the values for tax year 2026 are no more than the following: 

Tax 

True Cash 

State Equalized 

Taxable 

Year 

Value 

Value 

Value 

2026 

$4,300,000 

$2,150,000 

$2,150,000 

The values in contention for tax year 2026 are: 

Tax 

True Cash 

State Equalized 

Taxable 

Year 

Value 

Value 

Value 

2026 

$2,038,780 

$1,019,390 

$553,710

Page 5

MTT Docket No. 26-001670-TT 

Page 3 of 3 

16. The 2026 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 2026 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. 

Mick (lo Eo) 

Dated: May 

28 2026 

By: 

Michelle (Mikki) M. Silvey (P69494) 

Petitioner's Representative

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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

MICHIGAN TAX TRIBUNAL

Docket Number: 26-001670

Is this case currently pending in the Small Claims Division? No

Party Filing Document 

Petitioner

Files

Document Type: Proof of Service: Petition

Attachment File Name: SCANNED KROGER - COMMERCE CHARTER TOWNSHIP 26-001670 

POS

Fee Information

Filing Fee: $ 0.00

Payment Information

Payment: $ 0.00

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Kroger - Commerce Charter Township.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

__________________________________________, 

MTT Docket No. 26-_____BBB_-TT

Petitioner, 

v 

__________________________________________, 

Respondent. 

______________________________/ 

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

______________________________/ 

ENTIRE TRIBUNAL PROPERTY TAX PETITION 

1. Property Parcel No.: ________________________________

2. The property identified above is _________________.

3. Only one parcel of property is the subject of this appeal.

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

subject of this appeal.

5. The property identified above is classified as ___________________________________.

THE KROGER CO OF MICHIGAN

Commerce Charter Township

E -17-12-276-008

real

201 Commercial-Improved

Page 2

MTT Docket No. 26-______BBB-TT

Page 2 of 3 

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 or properties’ 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: 2026.

13. The values for the property identified above as established by Respondent’s 2026 Board

of Review are:

Tax 

Year 

True Cash 

Value 

Assessed 

Value 

Taxable 

Value 

2026 

14. Petitioner contends the values for tax year 2026 are no more than the following:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2026 

15. The values in contention for tax year 2026 are:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2026 

 Oakland 

 2905 Union Lake Rd, Commerce Township, MI 48382-3565

Commerce Charter Township

 1014 Vine Street, Cincinnati, OH 45202

$6,338,780

$3,169,390

$2,703,710

$4,300,000

$2,150,000

$2,150,000

$2,038,780

$1,019,390

$553,710

Page 3

MTT Docket No. 26-_____BBB_-TT 

Page 3 of 3 

16. The 2026 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 2026 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: __________ ___, 2026

By: 

______________________________

Michelle (Mikki) M. Silvey (P69494)

Petitioner’s Representative

May

28

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EntireTribunalCaseISPetition.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

Entire Tribunal Case Information Sheet - Petitioner

MTT DOCKET NO. 

 

Section 1: Petitioner’s Contact Information

Filer type: 

Organization 

Local Unit of Government

First Name

M.I.

Last Name/Company 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

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)

DuCharme, McMillen & Associates

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

917-488-7825

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

msilvey@dmainc.com

 

Section 3: Issue 

Please designate one: 

Valuation 

 

Section 4: Subject Property Information 

How many parcels are you 

appealing?

1

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

2905 Union Lake Rd

Commerce Township

Page 2

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

Michigan

48382

Taxing Authority (City or Township)

Township Of Commerce (OAKLAND) 

County

Oakland

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

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

N/A

 

 

Section 5: Check which of the following you are appealing (check all that apply) 

True Cash and Taxable Values

If “Other”, please explain:

 

 

Section 6: Valuation Information for Each Parcel under Appeal

Parcel Number:

E -17-12-276-008

Classification of Property: Real (check one)

Commercial (check one)

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

3169390

Current Taxable Value as established by the Board of Review:

2703710

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

4300000

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

2150000

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

2150000

Fee Information

The filing fee is based on the greater of State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the 

highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being 

appealed.

If the State Equalized Value or Taxable Value in contention is: Your filing fee is:

 

 $100,000.00 and under $250.00

 $100,000.01 to $500,000.00 $400.00

 $Over $500,000.00 $600.00

* Plus $25.00 for each additional parcel, not to exceed a total filing fee of $2,000.00.

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

A fee of $250.00 is required for the filing of a Special Assessment Appeal.

A fee of $250.00 is required for the filing of an Equalization Tax Appeal.

A fee of $250.00 is required for the filing of a Non-Property Tax Appeal.

A fee of $150.00 is required for the filing of a Classification Tax Appeal

Electronic Signature *Typing your name below will serve as your signature

Petitioner or Attorney/Authorized Representative’s Signature: 

/s/ Michelle (Mikki) M. Silvey

Payment Information

Amount: 600

Success: True

Message: ""

Waiver Code:

Transaction Number: 26052887168809

Supporting Waiver Documents:

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ET_Notice_of_Docket_Number.2026-08-21_07-14-05.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

v

MTT Docket No.: 26-001670

Township Of Commerce, 

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 21, 2026

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 - Commerce Charter Township.pdfRead complete document text →
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Page 1

STATE OF MICHIGAN 

DEPARTMENT OF LICENSING & REGULATORY AFFAIRS 

MICHIGAN TAX TRIBUNAL 

__________________________________________, 

MTT Docket No. 26-_____BBB_-TT

Petitioner, 

v 

__________________________________________, 

Respondent. 

______________________________/ 

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

______________________________/ 

ENTIRE TRIBUNAL PROPERTY TAX PETITION 

1. Property Parcel No.: ________________________________

2. The property identified above is _________________.

3. Only one parcel of property is the subject of this appeal.

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

subject of this appeal.

5. The property identified above is classified as ___________________________________.

THE KROGER CO OF MICHIGAN

Commerce Charter Township

E -17-12-276-008

real

201 Commercial-Improved

Page 2

MTT Docket No. 26-______BBB-TT

Page 2 of 3 

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 or properties’ 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: 2026.

13. The values for the property identified above as established by Respondent’s 2026 Board

of Review are:

Tax 

Year 

True Cash 

Value 

Assessed 

Value 

Taxable 

Value 

2026 

14. Petitioner contends the values for tax year 2026 are no more than the following:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2026 

15. The values in contention for tax year 2026 are:

Tax 

Year 

True Cash 

Value 

State Equalized 

Value 

Taxable 

Value 

2026 

 Oakland 

 2905 Union Lake Rd, Commerce Township, MI 48382-3565

Commerce Charter Township

 1014 Vine Street, Cincinnati, OH 45202

$6,338,780

$3,169,390

$2,703,710

$4,300,000

$2,150,000

$2,150,000

$2,038,780

$1,019,390

$553,710

Page 3

MTT Docket No. 26-_____BBB_-TT 

Page 3 of 3 

16. The 2026 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 2026 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: __________ ___, 2026

By: 

______________________________

Michelle (Mikki) M. Silvey (P69494)

Petitioner’s Representative

May

28

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Page 1

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

Entire Tribunal Case Information Sheet - Petitioner

MTT DOCKET NO. 

 

Section 1: Petitioner’s Contact Information

Filer type: 

Organization 

Local Unit of Government

First Name

M.I.

Last Name/Company 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

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)

DuCharme, McMillen & Associates

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

917-488-7825

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

msilvey@dmainc.com

 

Section 3: Issue 

Please designate one: 

Valuation 

 

Section 4: Subject Property Information 

How many parcels are you 

appealing?

1

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

2905 Union Lake Rd

Commerce Township

Page 2

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

Michigan

48382

Taxing Authority (City or Township)

Township Of Commerce (OAKLAND) 

County

Oakland

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

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

N/A

 

 

Section 5: Check which of the following you are appealing (check all that apply) 

True Cash and Taxable Values

If “Other”, please explain:

 

 

Section 6: Valuation Information for Each Parcel under Appeal

Parcel Number:

E -17-12-276-008

Classification of Property: Real (check one)

Commercial (check one)

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

3169390

Current Taxable Value as established by the Board of Review:

2703710

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

4300000

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

2150000

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

2150000

Fee Information

The filing fee is based on the greater of State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the 

highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $25.00 will be added for each additional parcel being 

appealed.

If the State Equalized Value or Taxable Value in contention is: Your filing fee is:

 

 $100,000.00 and under $250.00

 $100,000.01 to $500,000.00 $400.00

 $Over $500,000.00 $600.00

* Plus $25.00 for each additional parcel, not to exceed a total filing fee of $2,000.00.

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

A fee of $250.00 is required for the filing of a Special Assessment Appeal.

A fee of $250.00 is required for the filing of an Equalization Tax Appeal.

A fee of $250.00 is required for the filing of a Non-Property Tax Appeal.

A fee of $150.00 is required for the filing of a Classification Tax Appeal

Electronic Signature *Typing your name below will serve as your signature

Petitioner or Attorney/Authorized Representative’s Signature: 

/s/ Michelle (Mikki) M. Silvey

Payment Information

Amount: 600

Success: True

Message: ""

Waiver Code:

Transaction Number: 26052887168809

Supporting Waiver Documents:

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