Summary/Timeline of Legal Proceedings

Below is a summarized timeline of the legal proceedings following Midland and Gladwin counties' February 6, 2024, approval of the 2025-2029 Operations and Maintenance and Capital assessment rolls and computation of costs.

------- 2024 -------

• February 6, 2024 - Gladwin and Midland counties approve the '25-'29 Operations & Maintenance and Capital assessment rolls and computation of costs to restore the dams. HCA exercises its right to an administrative appeal in the 42nd Circuit Court, which following recusal of Judge Carras, was assigned to Judge Beale.
• March 20 - While HCA’s administrative appeal is pending, it files two additional lawsuits, one in Midland County Circuit Court and the other in the Gladwin County Circuit Court, alleging constitutional violations and denial of due process, but delayed serving the Counties and FLTF until May.
• May 29 – Oral argument before Judge Beale on the administrative appeal of the special assessment rolls.
• June 4 – Midland and Gladwin counties move the two cases pending in Midland and Gladwin Circuit Courts to the Federal District Court, Eastern District, which is assigned to Federal District Judge Thomas L. Ludington.
• June 20 - Judge Beale issues opinion denying HCA’s administrative appeal and confirming the approved lake level special assessment rolls. In order to appeal, HCA had 21 days to file their Application for Leave to Appeal.
• July 9 - Both FLTF and the counties file motions to dismiss the cases pending in the Federal District Court, and also request expedited consideration of their motions.
• July 10 - HCA files a motion to disqualify Federal District Court Judge Ludington.
• July 11 - HCA files both a Claim of Appeal and an Application for Leave to Appeal, requesting the Michigan Court of Appeals review Judge Beale’s decision.
• July 17 – FLTF requests immediate consideration of HCA’s Application for Leave to Appeal. Judge Ludington issues opinion and order granting HCA’s motion to disqualify and federal cases are reassigned to Federal Judge Mathew Leitman.
• July 23 – HCA files a response objecting to the Federal District Court immediate consideration of FLTF’s Motion to Dismiss the federal lawsuits.
• July 24 – FLTF files Answer in Opposition of HCA’s application for Leave to Appeal, and a motion to dismiss its Claim of Appeal, and requests immediate and expedited consideration by the Michigan Court of Appeals.
• July 25 - FLTF files a response to HCA's objection to FLTF's Motion to Dismiss.
• July 29 - Judge Leitman denies FLTF motion to expedite the Motion to Dismiss the lawsuits. 
• August 5 - FLTF to HCA's response to Motion to Dismiss for the Midland Federal Case
• August 5 - FLTF to HCA's response to Motion to Dismiss for the Gladwin Federal Case
• September 5 - HCA files appellate brief in Michigan Court of Appeals.
• September 18 - FLTF files Brief on Appeal in Michigan Court of Appeals. 
  September 25 - HCA files Response to Brief on Appeal. 
• December 11 - FLTF and HCA legal counsel presented arguments before three-judge panel of Michigan Court of Appeals  
• December 12 - Attorneys for Gladwin and Midland counties and FLTF appeared in federal district court requesting dismissal of two HCA lawsuits 

------- 2025 -------

• January 6 - Michigan Court of Appeals affirms decision of Midland Circuit Court ​​
• February 15 - HCA files Application for Leave to Appeal in Michigan Supreme Court
• March 3 - FLTF files Brief in Opposition to HCA Application for Leave to Appeal in Michigan Supreme Court and Motion to Expedite Review of HCA's Application for Leave to Appeal
• March 14 - HCA files answer to motion to expedite review of application for leave to appeal
• March 21 - U.S. District Judge Matthew Leitman issued order dismissing all of HCA's complaints in the two separate lawsuits against Gladwin and Midland counties and FLTF
• March 24 - HCA files reply in support of application for leave to appeal
• April 11 - Michigan Supreme Court denies HCA's application to appeal 

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Post originally published July 25, 2024 and is continually updated.