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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.
Before December 2020, Boyce Trusts - a private entity - owned the dams, bottomlands and flowage rights in the Four Lakes system. Boyce ultimately evaded paying for any recovery or restoration efforts by filing for bankruptcy. Government funding has been provided by the federal government, State of Michigan, counties and townships. In addition, private citizens, companies and foundations have donated funds for the recovery and restoration of the Four Lakes system totaling nearly $250 million to-date.
By establishing normal legal lake levels and the Four Lakes Special Assessment District in 2019 under Part 307 before the dam failure, the community ensured the future existence and maintenance of the lakes. The legal or normal lake levels are intended (in accordance with Part 307) to "provide the most benefit to the public; that best protect the public health, safety, and welfare; that best preserve the natural resources of this state, and that best preserve and protect the value of property around the inland lake.”
As with nearly all lakes with legally established lake levels, including other lakes within Gladwin County, special assessments remain the primary source of funding required for maintenance of normal lake levels. Operations, repairs and maintenance to manage a lake level are necessary to preserve and protect property values around the lake. Most property owners in the Four Lakes Special Assessment District understand this basic premise and have indicated their support that lake level special assessments are necessary to have lakes.
We appreciate all the positive feedback we have heard throughout the community. FLTF has defended every lawsuit brought against the counties and FLTF, because it has followed the law and respected the rights of property owners to challenge - including appealing - the assessment rolls in accordance with the Part 307 process.
We have legal and contractual obligations to restore the lakes and the financial capacity and permits to do so. The FLTF board and staff are committed to getting the project restarted as soon as we can in 2025 to fulfill our mission of restoring the lakes so property owners can enjoy them long into the future.
Have a safe and joyful holiday season.
Sincerely,
Dave Kepler, Chair and President, FLTF
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