We have become aware of a desire by some on Secord Lake, without proper engagement with the Secord Lake Association, to establish a special assessment district apart from the Four Lakes Task Force or even try and purchase or lease the dam from Boyce Hydro.
The authority to change the Special Assessment District rests solely with the Circuit Court that ordered the Legal Lake Levels, established the Four Lakes Special Assessment District and recognized the Four Lakes Task Force under Part 307 of the Michigan Natural Resource and Environmental Protection Act. Under the lake level act, Judge Carras has continuing jurisdiction, which means that anyone that desires to change the lake level order entered would need to file a motion and notify all parties, including all property owners within the Four Lakes Special Assessment District in accordance with the Lake Level Act (Part 307 of the Michigan Natural Resources and Environmental Protection Act). The exclusive remedy for addressing Lake Levels is Part 307. Moreover, it is the Counties that made the policy decision to establish the lake levels, and petitioned the court to establish the lake levels and special assessment district. Consequently, prior to filing a motion before Judge Carras, any party seeking to modify the Court Order would need to address this matter before the Midland and Gladwin county boards of commissioners.
The magnitude of the work involved to get any of these lakes up will be a significant effort, and the issues of public safety and environmental impact will all have to be addressed, We hope those individuals who wish to take on the challenge of saving Secord Lake have the engineering, legal and financial resources to do so, before they engage the Circuit Courts of Midland and Gladwin counties. This is a major distraction for the Secord Community, and potentially all the Lake owners, at a time when we should be working together to save Secord and all the lakes.
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