On March 20th, U.S. District Judge Matthew Leitman issued an order dismissing all of Heron Cove Association's (HCA) complaints in the two separate lawsuits against Gladwin and Midland counties and Four Lakes Task Force. 
​
"We are pleased with Judge Leitman's ruling on these two lawsuits," stated Four Lakes Task Force President, Dave Kepler. "We remain hopeful for a positive resolution to the application for leave to appeal pending before the Michigan Supreme Court."

We will provide more information on the project's overall status next week.

Clark Hill PLC, on behalf of the counties and FLTF, filed a brief in opposition to Heron Cove Association's (HCA) application for Leave to Appeal, asking the Michigan Supreme Court to deny HCA's application. HCA's application for Leave to Appeal challenges the Michigan Court of Appeals' earlier affirmation of the Midland County Circuit Court order that dismissed HCA's appeal of the lake level special assessment approved by the counties.

Below is a summarized timeline of the legal proceedings following Midland and Gladwin counties' February 6, 2024, approval of the 2025-2029 Operations and Maintenance and Capital assessment rolls and computation of costs.

Heron Cove Association (HCA) announced on Saturday, February 15, through law firm Foster, Swift, Collins & Smith, P.C. that it filed an application for Leave to Appeal with the Michigan Supreme Court, challenging the Michigan Court of Appeals' earlier affirmation of the Midland County Circuit Court order that dismissed HCA's appeal of the lake level special assessment approved by the counties.

"We are disappointed that Heron Cove Association filed an application for leave to appeal. While it’s their right, it continues to create uncertainty and additional costs," said Dave Kepler, president and chair of Four Lakes Task Force. "We believe the Michigan Court of Appeals and Midland Circuit Court got it right. FLTF followed the law when establishing the lake level special assessment."

​FLTF will share more details during the webinar next week.

Cofferdams upstream and downstream of Sanford Dam have kept the area dry so crews could work on the primary spillway and low-level outlet (LLO). During this time, the Tittabawassee River was temporarily routed around the dam (labeled 1 in photo below) through the breach channel.

​February 18th is an important day for the Four Lakes restoration project. If Heron Cove Association does not file an application for Leave to Appeal, FLTF can obtain financing for construction, and dam restoration will resume. If an application is filed, whether accepted by the Supreme Court or not, the process could take several months, further delaying our ability to pursue municipal financing and restart restoration efforts.