Financing
The Heron Cove Association appeal has impacted the June financing plan, such that current State of Michigan funds now must be used to ensure we bring all current ongoing projects to at least appropriate suspension points later this year. This leaves insufficient state funds to start the last phase of Edenville restoration. We simply cannot start the last phase on Edenville without certainty of financing to complete it. On April 16, 2024, Clark Hill, PLC, on behalf of Gladwin and Midland counties and Four Lakes Task Force, filed an appellees’ brief in response to the Heron Cove Association (HCA) Brief on Appeal. The full brief is located on the FLTF website here.
The Conclusion and Relief Requested as Stated in the Brief: On March 27, a briefing schedule related to the Heron Cove Appeal was determined and agreed to by all parties. Judge Beale of the 42nd Circuit Court of Midland will hear oral arguments on May 29, 2024.
Regarding the suits filed last week, FLTF has not been served with the new lawsuits but is aware that that complaints were filed in Midland and Gladwin circuit courts. The new complaints appear to be premature as there is a pending administrative appeal in Midland Circuit Court before Judge Beale. Generally, in such instances, courts will dismiss cases when the administrative remedies afforded have not been concluded. Once we are formally served, we will respond in Court. Four Lakes Task Force and Gladwin and Midland counties filed a motion in Midland Circuit Court to expedite the administrative appeal and shorten the time for filing briefs and scheduling oral arguments. FLTF filed the motion and obtained the date for the hearing (March 21) from the court, or soon thereafter. The hearing is to review the motion to expedite the appeal process.
The motion and brief can be found in the FLTF document library here. While we respect the right of a property owner to appeal the assessment rolls, the counties followed the laws and regulations of the State. Appeal attorney, Michael Homier’s comments to the Midland Daily News that the counties “jumped the gun" reflects a profound misunderstanding of four years of community work requiring over 40 state permits to comply with state regulatory requirements and get to the final construction phase of the project. Standing still and doing nothing was not an option and not in the best interest of the Four Lakes community.
Since Four Lakes Task Force shared its draft assessment rolls in December 2023 for the restoration project costs and 2025-2029 Operations & Maintenance costs, we have made over 1,400 updates to the assessment roll including parcel combinations and splits and benefit factor updates. A summary of the changes will be presented to the Gladwin and Midland county commissioners and can be found here.
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April 2024
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