 FLTF Files Motion to Dismiss and Opposition
Under Michigan law, a litigant has the right to request a higher court to review errors of a lower court. On July 11, 2024, Heron Cove Association (HCA) filed a request asking the Michigan Court of Appeals to review Judge Beale’s decision. HCA filed both a "Claim of Appeal" and an "Application for Leave to Appeal" in the Michigan Court of Appeals. A “Claim of Appeal” asserts an appellant has the right to have the Court of Appeals review the decision of a lower court (“right to an appeal”). In such case, the Court of Appeals must hear the case. Following Heron Cove Association’s (HCA) motion seeking to recuse Federal District Court Judge Thomas L. Ludington from hearing the two lawsuits currently pending in the federal district court (against Midland and Gladwin Counties and FLTF), Judge Ludington recused himself. Both lawsuits were reassigned to Federal District Court Judge Matthew F. Leitman. You can read Judge Ludington’s opinions and orders in both matters by clicking the link or the button below. At this time, the Counties’ and FLTF’s motions to dismiss and expedite consideration of the motions remain pending and HCA has not yet responded.
Under Michigan law, a litigant has the right to request a higher court to review errors of a lower court. The Heron Cove Association (HCA) filed a request asking the Michigan Court of Appeals to review Judge Beale’s decision. Such an appeal was expected, however, we maintain that Judge Beale got it right, and there were no errors that would warrant a reversal of his decision. We are reviewing HCA’s appeal and will file our response.
On June 20, 2024, Judge Beale dismissed the Heron Cove Association’s (HCA) “claim of appeal” which affirmed the assessments needed to complete the construction and repairs of the dams, and restore Secord, Smallwood, Wixom and Sanford lakes. While that administrative appeal was underway, HCA also filed two separate lawsuits in Midland and Gladwin circuit courts against the counties and FLTF, seeking to further derail efforts to restore the lakes. FLTF maintains that HCA’s lawsuits are the proverbial “second bite at the apple” -- apparently hoping for a better result. Because HCA complaints allege claims under the U.S. Constitution, both lawsuits were removed to the Federal District Court for disposition. Both Four Lakes Task Force and the counties filed motions seeking to dismiss these lawsuits. FLTF also filed a separate motion to expedite the hearing on its motion to dismiss.
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