Pontoon Alley

04/11/2025

Time to get this show on the road…

03/21/2025

This is good news, but we still need the Michigan Supreme Court to throw out their other lawsuit…

On March 20th, U.S. District Judge Matthew Leitman issued an order dismissing all of Heron Cove Association's (HCA) complaints in the two separate lawsuits against Gladwin and Midland counties and Four Lakes Task Force. 

03/17/2025

Effective March 17, 2025, Four Lakes Task Force (FLTF) received the final permit for restoration of Edenville Dam. This means all four dams are permitted for repair and reconstruction which will restore all four lakes to their normal (legal) lake levels.

03/02/2025

02/17/2025

https://www.facebook.com/share/p/19U9HLfpg1/?mibextid=wwXIfr

01/06/2025

It’s about time we got some good news….

Here is a summary from the Courts regarding the HCA Suit.

The document linked is a legal opinion from the Michigan Court of Appeals regarding the case of Heron Cove Association v. Midland County Board of Commissioners, Gladwin County Board of Commissioners, and the Four Lakes Task Force (FLTF). The case involves the implementation of special assessments levied on property owners to fund the restoration and maintenance of the Four Lakes system after catastrophic dam failures in 2020. These lakes include Wixom, Sanford, Smallwood, and Secord Lakes.

Key Points:
1. Background:
• The FLTF was designated as the “delegated authority” for overseeing lake maintenance in 2018.
• After dam failures caused severe flooding in 2020, restoration costs were estimated at $399.7 million.
• More than half of the funding (~$217.7 million) was planned to come from special assessments levied over 40 years on property owners within the Four Lakes Special Assessment District.
2. Appeal by Heron Cove Association:
• Property owners argued that the assessments were unlawful, disproportionate, and did not provide sufficient individual benefit to their properties.
• They claimed that the assessments constituted an unconstitutional taking of property without due process or just compensation.
3. Court’s Findings:
• The court upheld the legality of the assessment process under Michigan’s Natural Resources and Environmental Protection Act (NREPA), finding it aligned with statutory requirements.
• The appellants failed to demonstrate disproportionality or provide evidence that the assessments were excessive relative to property value benefits.
• The court emphasized that fluctuations in property values could not definitively prove the assessments’ invalidity or lack of proportionality.
4. Conclusion:
• The appeal was denied, affirming the lower court’s decision that the special assessments were valid and procedurally compliant.
• Property owners must contribute to the restoration and maintenance costs as determined by the FLTF and approved by the counties.

This case highlights the complexities of balancing public infrastructure needs with individual property rights in large-scale community projects.

06/20/2024

Yes!!!!

04/09/2024

🌞***𝗡𝗘𝗪𝗦 𝗙𝗟𝗔𝗦𝗛: 𝗥𝗲𝘀𝘁𝗼𝗿𝗮𝘁𝗶𝗼𝗻 𝗖𝗼𝗻𝘁𝗶𝗻𝘂𝗲𝘀***🌞
https://preview.mailerlite.com/o4u1j6z4z0

***𝗔𝗽𝗿𝗶𝗹 𝗡𝗲𝘄𝘀***
Construction is in full swing on all four dams. We are thankful for the great Michigan spring weather. Read about how the restoration plan is changing due to the appeal and the anticipated suspension plan: https://bit.ly/4apmNgL

***𝗜𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗪𝗲𝗯𝗶𝗻𝗮𝗿 𝗠𝗮𝘆 𝟭𝟰***
FLTF is hosting an informational webinar on Tuesday, May 14 from 5-7:00 pm to provide further updates on the appeal process, financing and the construction suspension plan. Click the link to register for the webinar: https://bit.ly/3vJmlLe

***𝗔𝗽𝗽𝗲𝗮𝗹 𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁𝘀 𝗮𝗿𝗲 𝗼𝗻 𝘁𝗵𝗲 𝗙𝗟𝗧𝗙 𝗪𝗲𝗯𝘀𝗶𝘁𝗲***
All documents related to the Heron Cove Association appeal are available for viewing. See the documents and check on the status of the appeal by visiting this new section on the SAD page of our website: https://www.four-lakes-taskforce-mi.com/special-assessment-district.html .

Pictured: Work on Sanford Dam 4/8/24

11/28/2023

The man who owned and operated the Edenville Dam that failed in 2020 has been ordered by the U.S. District Court for the Western District of Michigan to pay a monetary judgement of more than $119 million.