Edenville restoration was suspended in june 2024 because of lack of financingWhile we normally do not respond to nonsensical chatter on social media, some of the claims and statements being made are so misleading we found it necessary to do so.
FLTF shared in the August 2024 Edenville Restoration Overview report, that Edenville Dam restoration involves five phases - three of which are complete. Phase four was suspended and phase five - final restoration - was delayed in June 2024 due to litigation challenging the special assessments. Below is a reminder of the status of Edenville Dam. Ownership of Dams and Bottomland As we shared earlier this week, no opinion or ruling has been issued from the U.S. District Court regarding the two federal lawsuits filed by Heron Cove Association against the counties and FLTF, however, if all legal matters are resolved in the next two months then we can resume construction on all four dams this summer. It’s important for us to begin construction by April so we do not miss the summer construction season. We’ll share more about this in our January 22nd webinar which you can register for here. Secord, Smallwood and Sanford dams are fully permitted. Secord and Smallwood construction was suspended in 2024 due to a lack of funds. Sanford construction will be suspended shortly because of a lack of funds. It was documented in the January hearing and February county meeting that FLTF was planning to obtain $80 million in municipal bonds in June of 2024 to pay for construction work on all four dams through 2024 and 2025. Municipal financing has not occurred as a result of the appeal.
After the news of the Michigan Court of Appeals opinion affirming the decision of the Midland Circuit Court ruling, there have been several questions and comments where a few facts need to be clarified.
Related to assessments... 82% of residential parcels in the Four Lakes Special Assessment District have an estimated annual capital assessment that falls between $1,200-$2,500. Today, the Michigan Court of Appeals affirmed the decision of Midland Circuit Court denying Heron Cove Association’s (HCA) appeal of the special assessments rolls for the restoration and maintenance of the Four Lakes normal (legal) lake levels. In its opinion, the Michigan Court of Appeals stated, “The fundamental facts of this case are largely indisputable.” The opinion cites the Court of Appeals’ reasons for denying the appeal which can be read here.
On December 11, FLTF and Heron Cove Association (HCA) legal counsel presented arguments before a three-judge panel of the Michigan Court of Appeals in connection with HCA's challenge of the Four Lakes special assessment rolls. The following day, attorneys for Gladwin and Midland counties and FLTF appeared in federal district court in Detroit requesting dismissal of two HCA lawsuits. Neither court has issued a ruling or motion at this time.
While we cannot predict what the rulings will be, we are encouraged both courts understood the sense of urgency around these issues. It is our hope that rulings will be made on all three matters in January. Four Lakes Task Force is obligated and committed to restoring the lakes and the majority of property owners support this position. Happy holidays,
I'll start this letter by sharing that neither the Michigan Court of Appeals nor the federal district court have made rulings on the lawsuits. You can read more about this further down in the news flash. It is our hope that rulings will be made on all three matters sometime in January. This year we made significant progress in construction, but unfortunately by mid-year we lost momentum in our mission to restore the Four Lakes because the pending litigation over the lake level assessment rolls has impeded our ability to obtain financing. We know how disappointing it is to end the year with work suspended on three of the four dams and suspension looming on the fourth. The "Restoration Progress Report for Gladwin County and Midland County" published in September, updated the 2021 Feasibility Study. |
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