The Michigan Supreme Court's denial of Heron Cove Association’s application for leave to appeal was welcome news. It means we can move forward with financing and therefore restart construction.
As you will read below, we will hold an informational webinar on April 23rd to go into detail on our status and path forward, but below is a summary: Today, by order of the Michigan Supreme Court, “...the motion for immediate consideration is GRANTED. The application for leave to appeal the January 6, 2025 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.”
"This is excellent news for the Four Lakes communities," Dave Kepler, president of Four Lakes Task Force said. "We will now focus on obtaining financing and restarting or continuing construction on the four dams." The denial of Heron Cove Association's appeal affirms the decisions of Midland Circuit Court and the Michigan Court of Appeals. This means the lake level special assessment rolls approved by the counties in February 2024 still stand. Four Lakes Task Force can secure municipal financing, resume construction on Secord, Smallwood, and Edenville dams, and continue construction on Sanford Dam. 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.
Last week, there were inquiries on how the dams were performing as the Tittabawassee River stage was elevated beyond normal. Given most of the construction remains in suspension, we are providing this update to better inform the public.
On March 31st 2025, the Gladwin County Emergency Manager sent an alert to residents. The alert stated:
"GLADWIN COUNTY: Four Lakes Task Force reports alarm condition at Smallwood Dam for continuous rising water. Radov and downstream to monitor." |
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