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.

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.
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The Conclusion and Relief Requested as Stated in the Brief:

On March 27, a briefing schedule related to the Heron Cove Appeal was determined and agreed to by all parties. Judge Beale of the 42nd Circuit Court of Midland will hear oral arguments on May 29, 2024.
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Regarding the suits filed last week, FLTF has not been served with the new lawsuits but is aware that that complaints were filed in Midland and Gladwin circuit courts. The new complaints appear to be premature as there is a pending administrative appeal in Midland Circuit Court before Judge Beale. Generally, in such instances, courts will dismiss cases when the administrative remedies afforded have not been concluded. Once we are formally served, we will respond in Court.