Judge Beale Confirms Lake Level Special Assessments

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.

Judge Beale's order states, "The Court finds, from the record before it, Appellants [Heron Cove Association] have failed to carry their burden and show the special assessments are not supported by competent, material and substantial evidence due to lack of credible evidence rebutting the presumption of validity for a special assessment district apportionment determination... Appellants' appeal seeking relief from the FLTF Special Assessment District apportionment is DENIED."

We will provide more information regarding how this impacts financing and project construction in the coming weeks. Heron Cove Association initiated two additional lawsuits that still need to be resolved.

​Read the full opinion and order.