Path Forward Will Be Determined by Feb. 18, 2025

​February 18th is an important day for the Four Lakes restoration project. If Heron Cove Association does not file an application for Leave to Appeal, FLTF can obtain financing for construction, and dam restoration will resume. If an application is filed, whether accepted by the Supreme Court or not, the process could take several months, further delaying our ability to pursue municipal financing and restart restoration efforts.

Property owners in the special assessment district want the lakes restored - even Heron Cove Association asserts that it does not object to lake restoration. However, until there is legal finality of the lake level special assessment rolls, FLTF cannot finance restoration. Hopefully, HCA will consider the legal conclusions from the Michigan Court of Appeals and Midland Circuit Court so the community can move forward. Not only does the appeal stall reconstruction of the dams, it also delays a return of quality of life for property owners. Lake restoration is the best path forward for public safety, the environment and the local economy. It is the only alternative that protects and preserves future property values.

If anyone is holding out for the return of the lakes with no property assessments, that is simply not going to happen. While FLTF continues to pursue grants and donations - and has received approximately $247 million to-date - FLTF does not foresee funds coming from the state or federal government that are significant enough to restart the project without an assessment.
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FLTF has a dedicated and competent construction team, and it is time to get them back to work! 

FAQs

Why February 18th?

On January 6, 2025, the Michigan Court of Appeals affirmed the decision of the Midland Circuit Court which dismissed Heron Cove Association’s (HCA) legal challenges of the lake level special assessment rolls needed to operate and maintain the legal lake levels and fund necessary repairs to the dams. The process provides HCA with 42 days to file an application for Leave to Appeal with the Michigan Supreme Court.

Can the appeal stop the construction project?

NO. The counties are legally obligated to restore and maintain the normal lake levels. The appeal is about the assessment rolls. Until there is a final determination from the court system of the rolls, which can be as early as the end of the day on February 18th, restoration is delayed but cannot be canceled.

Why does a delay of 3-4 months add one year to a lake's completion date?

The most productive construction time is the summer and fall, so delaying the project to late fall slows productivity. Likewise, there are aspects of the project that can only be done in the summer or fall seasons. For example, the auxiliary spillway on Sanford must be constructed in warmer weather, and work on the Edenville spillways has to be staged around the seasonal flow of the river. Also, the timing of lake refill on all four lakes varies based on the season/month.

Will some property owners have to sell their homes with this assessment?

The dam failure caused disruption, and some property owners sold their homes over the last few years and there were buyers for those sellers.

FLTF is working with organizations in the community to establish a program to help those with limited income manage the annual capital assessment cost for primary (homesteaded) residences. Additionally, our state legislative representatives are trying to restore legislation that defers special assessments for seniors with limited means.
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To be clear, property owners with two homes or multiple properties likely will not qualify for government support. About 45% of special assessment district property owners, including individuals in the Heron Cove Association, have second homes or properties.