July 18, 2024

Following Heron Cove Association’s (HCA) motion seeking to recuse Federal District Court Judge Thomas L. Ludington from hearing the two lawsuits currently pending in the federal district court (against Midland and Gladwin Counties and FLTF), Judge Ludington recused himself. Both lawsuits were reassigned to Federal District Court Judge Matthew F. Leitman. You can read Judge Ludington’s opinions and orders in both matters by clicking the link or the button below. At this time, the Counties’ and FLTF’s motions to dismiss and expedite consideration of the motions remain pending and HCA has not yet responded.

What About the Appeal?

In addition, on July 11, 2024, HCA filed both an Application for Leave to Appeal and Claim of Appeal in the Michigan Court of Appeals in connection with an order dismissing its claim of appeal before Judge Beale of the Midland Circuit Court. In response, FLTF requested the Court of Appeals immediately consider the application and expedite the briefing schedule. We anticipate filing our response to HCA’s Application for Leave to Appeal and Claim of Appeal shortly.

FLTF continues to maintain that Judge Beale got it right and there were no errors that warrant a reversal of his decision.