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Federal Lawsuits (1)
A year ago, the Heron Cove Association (HCA) and several landowners filed two lawsuits against FLTF and the Counties of Midland and Gladwin. These lawsuits were eventually removed from state court to the Federal Court system because of HCA’s allegations claiming that the special assessment process deprived landowners of their due process rights, and that the lake level assessments constituted a “taking” (i.e. inverse condemnation) of private property. The Counties and FLTF vigorously defended their position and immediately sought dismissal of the two complaints. Last week, the U.S. District Court dismissed two lawsuits.
HCA's Application for Leave to Appeal to the Michigan Supreme Court
On January 6, 2025 the Michigan Court of Appeals rejected HCA’s claims and arguments when it upheld the dismissal of the lake level special assessment appeal before Judge Beale in the Midland Circuit Court. Subsequently, HCA filed an application for leave to appeal to the Michigan Supreme Court. All briefs in the matter before the Supreme Court have been filed. The next step is for the Supreme Court to decide whether to accept the HCA’s application or not.
FLTF requested an expedited review of HCA’s application and requested a decision from the Michigan Supreme Court by May 1. If the Supreme Court denies the application, the lake level assessment rolls are confirmed and FLTF can proceed with financing the project to restore all four lakes.
In addition to the briefs filed by HCA and FLTF, two separate Amicus (i.e., “friend of the court”) briefs were filed:
- The lake associations of the Four Lakes filed an amicus brief in support of FLTF's position to deny the HCA Leave to Appeal, stating a delay would bring harm to the community
- The Michigan Association of Counties and the Michigan Association of County Drain Commissioners filed an amicus brief that concluded the Circuit Court and Court of Appeals properly resolved this case, and, along with other conclusions, HCA seeks to change well-established and well-reasoned law and threaten adverse impacts across Michigan
HCA claims have now been rejected by three different courts (i.e., Midland Circuit Court, Michigan Court of Appeals, and the United States District Court). We are hopeful that the Michigan Supreme Court will rule favorably by May 1, and are engaged with
our legal and financial advisors and contractors to be prepared to begin
construction as soon as possible. FLTF understands the importance to the
community of getting construction restarted as soon as possible.
1. Heron Cove Association, et al v Midland County Board of Commissioners & FLTF, Case #24-cv-11458; and Heron Cove Association, et al v Gladwin County Board of Commissioners & FLTF, Case #24-cv-11473
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