Financing
The Heron Cove Association appeal has impacted the June financing plan, such that current State of Michigan funds now must be used to ensure we bring all current ongoing projects to at least appropriate suspension points later this year. This leaves insufficient state funds to start the last phase of Edenville restoration. We simply cannot start the last phase on Edenville without certainty of financing to complete it. On April 16, 2024, Clark Hill, PLC, on behalf of Gladwin and Midland counties and Four Lakes Task Force, filed an appellees’ brief in response to the Heron Cove Association (HCA) Brief on Appeal. The full brief is located on the FLTF website here.
The Conclusion and Relief Requested as Stated in the Brief: On March 27, a briefing schedule related to the Heron Cove Appeal was determined and agreed to by all parties. Judge Beale of the 42nd Circuit Court of Midland will hear oral arguments on May 29, 2024.
Regarding the suits filed last week, FLTF has not been served with the new lawsuits but is aware that that complaints were filed in Midland and Gladwin circuit courts. The new complaints appear to be premature as there is a pending administrative appeal in Midland Circuit Court before Judge Beale. Generally, in such instances, courts will dismiss cases when the administrative remedies afforded have not been concluded. Once we are formally served, we will respond in Court. We received many questions during the webinar and did our best to answer as many as possible. Please review the special assessment FAQ page where many questions are addressed.
There are some questions, no matter how many times they are asked or stated, that the answer won’t change. A claim of appeal was filed in Midland Circuit Court challenging the Gladwin and Midland County Boards of Commissioners’ approval of the special assessment rolls required to restore Secord, Smallwood, Wixom and Sanford lakes. The claim of appeal was submitted to the circuit court by the Heron Cove Association which seeks on behalf of its members to set aside the current special assessment rolls.
There has never been a “do nothing" alternative. It is not permitted to leave the dams in the rivers as they are.
Dams with normal (legal) lake levels that existed before 2020 with a lake level special assessment district are the best path forward. Four Lakes Task Force and Gladwin and Midland counties filed a motion in Midland Circuit Court to expedite the administrative appeal and shorten the time for filing briefs and scheduling oral arguments. FLTF filed the motion and obtained the date for the hearing (March 21) from the court, or soon thereafter. The hearing is to review the motion to expedite the appeal process.
The motion and brief can be found in the FLTF document library here. |
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April 2024
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