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. We received many questions during the webinar and did our best to answer as many as possible. Please review the special assessment FAQ page where many questions are addressed.
There are some questions, no matter how many times they are asked or stated, that the answer won’t change. A claim of appeal was filed in Midland Circuit Court challenging the Gladwin and Midland County Boards of Commissioners’ approval of the special assessment rolls required to restore Secord, Smallwood, Wixom and Sanford lakes. The claim of appeal was submitted to the circuit court by the Heron Cove Association which seeks on behalf of its members to set aside the current special assessment rolls.
There has never been a “do nothing" alternative. It is not permitted to leave the dams in the rivers as they are.
Dams with normal (legal) lake levels that existed before 2020 with a lake level special assessment district are the best path forward. 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.
An updated suspension schedule was posted May 17, 2024. Please view it here.
Today Four Lakes Task Force (FLTF), the Delegated Authority for restoring the four lakes and dams in Midland and Gladwin counties, announced the Schedule for suspending restoration construction work in the coming months on Secord, Smallwood, Edenville and Sanford dams, and that the start of Edenville Dam’s final phase of construction will be delayed. |
UPDATES SENT TO YOUR INBOXFill out this form to subscribe to receive news and updates.
Please select why you're interested in receiving updates. Thank you!You have successfully joined our subscriber list. Categories
All
Archives
November 2024
|