Judge Beale’s conclusion states the following:
“The Court finds, from the record before it, Appellants [HCA] have failed to carry their burden and show the special assessments are not supported by competent, material and substantial evidence due to lack of credible evidence rebutting the presumption of validity for a special assessment district apportionment determination. Having failed to do so, the presumption of validity articulated in Kadzban and Dixon Rd remains unrebutted and Appellants' [HCA] appeal seeking relief from the FLTF Special Assessment District apportionment is DENIED.
"IT IS SO ORDERED.
"This is a final order that resolves the last pending claim and closes the case.”
The administrative appeal in the Midland Circuit Court is closed and the assessment rolls are valid. Unfortunately, there are still two additional lawsuits filed by HCA containing arguments similar to what was just ruled on, and there's a likely appeal of the Midland Circuit Court Order by HCA - all of which must be resolved.
The factual background that is on the record is extensive and comprehensive. At this point, the facts are clear: the scale of this project is large, these are recreational lakes, and over 6,000 property owners in the Special Assessment District want the lakes to return.
In the analysis of the special
assessment methodology, the Judge included a lens
of practicality:
“…It is common sense to know a lakefront property with a lake view would have a higher value than property
that had been lakefront property previously, but now has extensive bottom lands to traverse to reach any flowing
water, nor the previous level of lake view."
It is also common sense to know that HCA’s continued actions and hyperbole only delay the project and increase costs. Based on the 2019 Lake Level Order, it is a matter of law that restoring the normal (legal) lake levels protects and preserves the environment and property values in the Four Lakes Special Assessment District.
Dave Kepler
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