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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 Smallwood, Secord, 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 special assessment roll.
What will it mean if the Four Lakes Capital Special Assessment roll is set aside? Short answer: There will be insufficient funding to complete the Four Lakes project and restore the lakes.
While we respect landowners' rights to appeal the assessment rolls, it is important to understand the implications.
- If the special assessment roll is set aside by the circuit court, the Four Lakes Special Assessment District will not be able to issue the bonds required to complete the Four Lakes project.
- On February 6, 2024, the Counties approved a normal (legal) legal lake level special assessment roll and plan of financing to fund the capital improvements required to complete the project. The proposed financing will include the issuance of municipal bonds secured by special assessment revenue.
- This appeal is already impacting the financing plan.
- As May approaches, if there is no funding certainty construction will continue until State of Michigan funds are depleted. With public safety being a key factor in dam construction, each dam will be brought to a point where we can ensure stability and safety and then construction will pause. This means no dam would be fully restored and the lakes would not return until the future of the restoration financing is determined.
- Time is of the essence.
- Legal counsel for FLTF advised that it is optimistic to have the appeal matter closed by the end of April. If just a few months are added to the project timeline, there will be cost and timeline consequences.
I believe the restoration of the Four Lakes is in the best interests of the property owners for the quality of life in our community, as well as the environment. I believe our community needs certainty.
With the approved plan of financing, the community had a certain path forward to restore all four lakes. No outcome of this appeal will be more painful for the community than finding itself in 2025, five years after the lakes were lost, looking at dams sitting idle, with no construction underway and no clear path forward.
Four Lakes Task Force will do all it can to fulfill its obligations and restore the lakes and fight to keep the project on track. We will need your help.
Dave Kepler
President, Four Lakes Task Force
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