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.
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. The Michigan Court of Appeals scheduled an oral argument for Heron Cove Association's claim of appeal for December 11, 2024, in Lansing. Learn more about the Court of Appeals here. The judges will not make a ruling during this session. They will listen to both parties, ask questions, and issue their opinion or order at a later date. There is no time limit for issuing their opinion or order.
It's with some irony that shortly after the U.S. Army Corps denied a loan to FLTF, Bridge reported that more than $770 million in federal funding under the USACE CWIFP could be directed to hydropower dams in Michigan owned by Consumers Energy, fueling speculation that the company may keep at least some of the aging structures intact. The article states, “Consumers officials said while they intend to apply for the funding, they are still mulling whether to keep, sell, or dismantle the dams.”
The U.S. Army Corps of Engineers (USACE) recently announced the eligible recipients for the Corps Water Infrastructure Financing Program (CWIFP) credit assistance. Four Lakes Task Force (FLTF) received notification that it DID NOT qualify for the loan under the current rules of the program.
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