On December 11, 2024, a panel of three judges will hear oral arguments for Heron Cove Association's claim of appeal. The judges will not make a ruling during the session. They will issue their opinion or order at a later date.
The following day, December 12, the United States District Court, Eastern District, will hold a hearing for the two federal lawsuits before Judge Leitman. The December webinar, originally scheduled for December 4th, has been rescheduled for January. With construction suspended on three dams and the webinar happening before the federal hearings and appeal hearing, we will not have significant updates to communicate on December 4th.
The webinar is rescheduled for Wednesday, January 8, 2025, from 5:00-7:00 p.m. Register by clicking the button below. In our January webinar, we will have updates on the appeal status and a clearer picture of the timeline and path forward. If you cannot attend the webinar, a recording of the meeting and the presentation slides will be posted on the website following the webinar. The Michigan Court of Appeals scheduled an oral argument for Heron Cove Association's claim of appeal for December 11, 2024, in Lansing. Learn more about the Court of Appeals here. The judges will not make a ruling during this session. They will listen to both parties, ask questions, and issue their opinion or order at a later date. There is no time limit for issuing their opinion or order.
It's with some irony that shortly after the U.S. Army Corps denied a loan to FLTF, Bridge reported that more than $770 million in federal funding under the USACE CWIFP could be directed to hydropower dams in Michigan owned by Consumers Energy, fueling speculation that the company may keep at least some of the aging structures intact. The article states, “Consumers officials said while they intend to apply for the funding, they are still mulling whether to keep, sell, or dismantle the dams.”
The U.S. Army Corps of Engineers (USACE) recently announced the eligible recipients for the Corps Water Infrastructure Financing Program (CWIFP) credit assistance. Four Lakes Task Force (FLTF) received notification that it DID NOT qualify for the loan under the current rules of the program.
On July 11, 2024, the Heron Cove Association (HCA) appealed Midland Circuit Court Judge Beale’s June 20, 2024 Opinion and Order dismissing its challenge of the Four Lakes lake level special assessment rolls. They had 56 days to file their brief in support of the appeal filed on September 5, 2024. The Court of Appeals granted, in part, FLTF’s Motion to Expedite the briefing schedule, and in accordance with that order, on September 18 FLTF filed its Brief on Appeal requesting Michigan Court of Appeals affirm Judge Beale’s decision. HCA will have seven days from September 18 to file a reply to our brief, and at some point the Court of Appeals will schedule the matter for oral argument. We hope the Court of Appeals will schedule this matter for argument as soon as possible, however, the Court is booked in October so the earliest the matter may be heard is November.
In May of 2021, FLTF published the "Plan for the Restoration of the Four Lakes" (AKA Feasibility Study) - a comprehensive report that determined that the best path forward for the community and the environment was to restore the lakes and dams.
The "September 2024 Restoration Plan" provides the background, progress and current status of the restoration plan since the 2021 Feasibility Study. |
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