![]() 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.
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.
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.
Financing
The Heron Cove Association appeal has impacted the June financing plan, such that current State of Michigan funds now must be used to ensure we bring all current ongoing projects to at least appropriate suspension points later this year. This leaves insufficient state funds to start the last phase of Edenville restoration. We simply cannot start the last phase on Edenville without certainty of financing to complete it. On April 16, 2024, Clark Hill, PLC, on behalf of Gladwin and Midland counties and Four Lakes Task Force, filed an appellees’ brief in response to the Heron Cove Association (HCA) Brief on Appeal. The full brief is located on the FLTF website here.
The Conclusion and Relief Requested as Stated in the Brief: |
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