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.
This afternoon (June 20th) 42nd Circuit Court Judge Michael Beale issued an opinion and order to confirm Gladwin and Midland counties’ January 6 approved lake level special assessment rolls to restore and maintain the legal lake levels in the Four Lakes Special Assessment District.
Congressman Dan Kildee requested $3 million and Congressman John Moolenaar requested $2.25 million in community project funding for Four Lakes Task Force. Each year, members of Congress can direct federal resources to local projects. Kildee and Moolenaar submitted these funding requests to the House Appropriations Committee.
With the completion of the Edenville Dam cutoff wall, we are at a point where crews can safely suspend construction work at the Edenville Dam site at the end of June while Four Lakes Task Force awaits direction on financing. The embankment work was initially expected to suspend in September.
Starting the week of June 2nd, property owners on Secord Lake will notice an increase in the lake level. As crews reroute water from the Secord Dam primary spillway to the auxiliary spillway the lake will rise approximately 12 inches at the base of the dam. Property owners within 1.5 miles of Secord Dam will see an increase in water level on their property, and a slight change in water level may be noticed up to 4 miles from the dam. The further a property is from the dam, the smaller the increase in water level. Secord Lake will stay at this lake level for the duration of the project.
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