On January 6, the Michigan Court of Appeals affirmed the decision of the Midland Circuit Court by rejecting HCA's appeal. You can read the Four Lakes Task Force update here, including this quote "We are very pleased that the Michigan Court of Appeals affirmed the decision of the circuit court. It confirms that FLTF and Gladwin and Midland counties followed the law,” said Dave Kepler, president of Four Lakes Task Force (FLTF). “This last year created uncertainty but it’s time to move forward and regain momentum in bringing the lakes back and restoring the quality of life for our lake communities.”
HCA has not announced its next move but still has a couple options to potentially drag this out:
HCA has 21 days to file a Motion for Reconsideration in the Court of Appeals (asking the court to reconsider/revisit the case yet again)
HCA has 42 days to file an appeal to the Michigan Supreme Court (which is not required to accept the appeal and can simply deny it)
According to the Midland Daily News, "The unanimous decision, issued Monday, Jan. 7, concluded that the Midland and Gladwin County Boards of Commissioners, along with the Four Lakes Task Force, acted within their legal authority under Michigan’s Natural Resources and Environmental Protection Act (NREPA)" in establishing the Special Assessment District (SAD).
The 8 page court document can be read here.
On Dec. 12, 2024, legal representatives for Gladwin and Midland counties, along with Four Lakes Task Force, appeared in federal district court seeking dismissal of two additional lawsuits filed by HCA. These two lawsuits are largely based on the same claims used in the Circuit Court.
As of now, the federal court has not rendered decisions on these motions.
The FLTF will host an informational webinar with additional details and updates on Jan 22, 2025 5:00 PM - 7:00 PM EST (click here to register).
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