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It's with some irony that shortly after the U.S. Army Corps denied a loan to FLTF, Bridge reported that more than $770 million in federal funding under the USACE CWIFP could be directed to hydropower dams in Michigan owned by Consumers Energy, fueling speculation that the company may keep at least some of the aging structures intact. The article states, “Consumers officials said while they intend to apply for the funding, they are still mulling whether to keep, sell, or dismantle the dams.”
The U.S. Army Corps of Engineers (USACE) recently announced the eligible recipients for the Corps Water Infrastructure Financing Program (CWIFP) credit assistance. Four Lakes Task Force (FLTF) received notification that it DID NOT qualify for the loan under the current rules of the program.
On July 11, 2024, the Heron Cove Association (HCA) appealed Midland Circuit Court Judge Beale’s June 20, 2024 Opinion and Order dismissing its challenge of the Four Lakes lake level special assessment rolls. They had 56 days to file their brief in support of the appeal filed on September 5, 2024. The Court of Appeals granted, in part, FLTF’s Motion to Expedite the briefing schedule, and in accordance with that order, on September 18 FLTF filed its Brief on Appeal requesting Michigan Court of Appeals affirm Judge Beale’s decision. HCA will have seven days from September 18 to file a reply to our brief, and at some point the Court of Appeals will schedule the matter for oral argument. We hope the Court of Appeals will schedule this matter for argument as soon as possible, however, the Court is booked in October so the earliest the matter may be heard is November.
In May of 2021, FLTF published the "Plan for the Restoration of the Four Lakes" (AKA Feasibility Study) - a comprehensive report that determined that the best path forward for the community and the environment was to restore the lakes and dams.
The "September 2024 Restoration Plan" provides the background, progress and current status of the restoration plan since the 2021 Feasibility Study. FLTF to File Response Brief
The Claim of Appeal process in the Michigan Court of Appeals continues with Heron Cove Association's (HCA) filing of its appellate brief today. Four Lakes Task Force (FLTF) will review HCA's brief and file a response by September 19. HCA will then have an opportunity to file a reply to our response within seven days. Under Michigan law, a litigant has the right to request a higher court to review the errors of a lower court. On July 12th, HCA filed a request asking the Michigan Court of Appeals to review the decision of Midland Circuit Court Judge Beale. HCA took the full allotted time to file its motion of appeal. FLTF continues to maintain that Judge Beale got it right and there are no errors that warrant a reversal of his decision. Two weeks ago, we shared how the ongoing litigation will impact the construction suspension schedule. If you missed the update, read it here. |
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©2024 | Four Lakes Task Force is a US 501 (c)(3) public charity, EIN 27-4698447. This institution is an equal opportunity provider.
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