Heron Cove Association (HCA) announced on Saturday, February 15, through law firm Foster, Swift, Collins & Smith, P.C. that it filed an application for Leave to Appeal with the Michigan Supreme Court, challenging the Michigan Court of Appeals' earlier affirmation of the Midland County Circuit Court order that dismissed HCA's appeal of the lake level special assessment approved by the counties.

"We are disappointed that Heron Cove Association filed an application for leave to appeal. While it’s their right, it continues to create uncertainty and additional costs," said Dave Kepler, president and chair of Four Lakes Task Force. "We believe the Michigan Court of Appeals and Midland Circuit Court got it right. FLTF followed the law when establishing the lake level special assessment."

​FLTF will share more details during the webinar next week.

Today, the Michigan Court of Appeals affirmed the decision of Midland Circuit Court denying Heron Cove Association’s (HCA) appeal of the special assessments rolls for the restoration and maintenance of the Four Lakes normal (legal) lake levels. In its opinion, the Michigan Court of Appeals stated, “The fundamental facts of this case are largely indisputable.” The opinion cites the Court of Appeals’ reasons for denying the appeal which can be read here.

On December 11, FLTF and Heron Cove Association (HCA) legal counsel presented arguments before a three-judge panel of the Michigan Court of Appeals in connection with HCA's challenge of the Four Lakes special assessment rolls. The following day, attorneys for Gladwin and Midland counties and FLTF appeared in federal district court in Detroit requesting dismissal of two HCA lawsuits. Neither court has issued a ruling or motion at this time. 

While we cannot predict what the rulings will be, we are encouraged both courts understood the sense of urgency around these issues. It is our hope that rulings will be made on all three matters in January. 

​Four Lakes Task Force is obligated and committed to restoring the lakes and the majority of property owners support this position.

Happy holidays,

I'll start this letter by sharing that neither the Michigan Court of Appeals nor the federal district court have made rulings on the lawsuits. You can read more about this further down in the news flash. It is our hope that rulings will be made on all three matters sometime in January.

​This year we made significant progress in construction, but unfortunately by mid-year we lost momentum in our mission to restore the Four Lakes because the pending litigation over the lake level assessment rolls has impeded our ability to obtain financing. We know how disappointing it is to end the year with work suspended on three of the four dams and suspension looming on the fourth. The "Restoration Progress Report for Gladwin County and Midland County" published in September, updated the 2021 Feasibility Study.

On December 11, 2024, a panel of three judges will hear oral arguments for Heron Cove Association's claim of appeal. The judges will not make a ruling during the session. They will issue their opinion or order at a later date. 
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The following day, December 12, the United States District Court, Eastern District, will hold a hearing for the two federal lawsuits before Judge Leitman.

The December webinar, originally scheduled for December 4th, has been rescheduled for January. With construction suspended on three dams and the webinar happening before the federal hearings and appeal hearing, we will not have significant updates to communicate on December 4th.

The webinar is rescheduled for Wednesday, January 8, 2025, from 5:00-7:00 p.m. Register by clicking the button below. In our January webinar, we will have updates on the appeal status and a clearer picture of the timeline and path forward.

If you cannot attend the webinar, a recording of the meeting and the presentation slides will be posted on the website following the webinar.