Under Michigan law, a litigant has the right to request a higher court to review errors of a lower court. The Heron Cove Association (HCA) filed a request asking the Michigan Court of Appeals to review Judge Beale’s decision. Such an appeal was expected, however, we maintain that Judge Beale got it right, and there were no errors that would warrant a reversal of his decision. We are reviewing HCA’s appeal and will file our response.
On June 20, 2024, Judge Beale dismissed the Heron Cove Association’s (HCA) “claim of appeal” which affirmed the assessments needed to complete the construction and repairs of the dams, and restore Secord, Smallwood, Wixom and Sanford lakes. While that administrative appeal was underway, HCA also filed two separate lawsuits in Midland and Gladwin circuit courts against the counties and FLTF, seeking to further derail efforts to restore the lakes. FLTF maintains that HCA’s lawsuits are the proverbial “second bite at the apple” -- apparently hoping for a better result. Because HCA complaints allege claims under the U.S. Constitution, both lawsuits were removed to the Federal District Court for disposition. Both Four Lakes Task Force and the counties filed motions seeking to dismiss these lawsuits. FLTF also filed a separate motion to expedite the hearing on its motion to dismiss.
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July 2024
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