FLTF Asks supreme court to deny HCA's application for Leave to appeal and expedite review

Clark Hill PLC, on behalf of the counties and FLTF, filed a brief in opposition to Heron Cove Association's (HCA) application for Leave to Appeal, asking the Michigan Supreme Court to deny HCA's application. HCA's application for Leave to Appeal challenges 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.

​FLTF asked the court to deny the appeal for these reasons:

1. The counties and FLTF followed the Part 307 laws that dictate how to establish a lake level special assessment. Gladwin and Midland county commissioners voted and unanimously agreed that the apportionment of assessments to property owners was fair, just and legal. 
2. The special assessment roll is authorized by law and supported by substantial evidence.
3. There were no legal errors in the lower courts in connection with the confirmation of the lake level special assessment rolls.

This matter requires finality so the counties can proceed with financing and construction of the project. 
Motion to Expedite
In addition to filing the brief in opposition to the HCA Leave of Appeal, FLTF filed a motion to expedite the Supreme Court's review. The motion states, “Given the gravity of the safety issues, financial impact, and public concerns involved in this matter, this court should grant an expedited consideration of appellants’ application for leave to appeal. A decision on the application is respectfully requested by May 1, 2025.”

Click the buttons below to view the briefs. 

Brief in Opposition

Motion to Expedite