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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:
“While the issues addressed in this brief may appear complicated, they are not. HCA and the individual appellants lack standing to sue, and this matter should be dismissed. Additionally, the Legislature created an appeal process under Part 307 but did not intend for courts to second-guess how a delegated authority arrived at its conclusions. Heron Cove Association has not sustained its burden to show FLTF and the Counties’ decisions were arbitrary. The FLTF exercised its best judgment and expertise in preparing the lake level special assessment rolls which correctly assesses property on a proportional basis. Finally, property owners’ received adequate due process, including notice of a hearing, the opportunity to discuss the special assessment roll and present evidence at a public hearing, a further public hearing before the Gladwin and Midland County Board of Commissioners, and this appeal. Those statutorily prescribed procedures—which FLTF and the County Boards followed—clearly satisfy the minimal standards of due process.
"The Circuit Court should affirm the February 6, 2024, decisions of the Gladwin and Midland County Board of Commissioners approving the lake level special assessment rolls for the Four Lakes Special Assessment District.”
The hearing to listen to oral objections is scheduled for May 29, 2024.
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