The attorney for Heron Cove says there will be an appeal
MIDLAND, MI. (WJRT) - Reaction tonight on a judge's decision denying an appeal by property owners who oppose the special assessments that would help fund the repairs of four dams.
The Heron Cove Association believes the assessments are too high, and they shouldn't have to pay for the May 2020 dam disaster in Midland and Gladwin Counties.
Work on the project is still slated to be suspended later this year because there are two other lawsuits that the Heron Cove Association has filed in this matter.
The attorney for the association says he plans on appealing the ruling by Midland County Circuit Court Judge Michael Beale.
"It was not unexpected, I figured it might go that way and we respect the court's opinion,' says Michael Homier, attorney for the Heron Cove Association.
The group of property owners appealed the special assessments that will help fund the repairs of the Sanford, Edenville, Secord and Smallwood dams.
Once the dams are fixed, the four lakes will return as they vanished due to the May 2020 dam disaster.
The assessments would raise about $217 million, and without them at this point, work on the dams will eventually be suspended.
Midland County Circuit Court Judge Michael Beale heard arguments in the last month, and denied the Heron Cove appeal, concluding in part "..Appellants (Heron Cove) have failed to carry their burden and show the special assessments are not supported by competent, material and substantial evidence."
Four Lakes Task Force President Dave Kepler issued a written statement, writing," We're pleased with Judge Beale's confirmation of the Four Lakes' lake level special assessment. This is a positive step toward lake restoration, but there is still work to be done as Heron Cove Association still has two lawsuits that need to be addressed."
Homier says the fight continues.
"I disagree with the outcome, so right now we intend to appeal that decision and let the court of appeals decide because I think there are fundamental problems with the way this assessment was done," he says.
The search for more money to lower property owners assessments continues.
Congressmen Dan Kildee and John Moolenaar are seeking more than $5 million in federal funding, but Homier says a lot more money would be needed to ease the financial burden on residents.
"I think some people will lose their homes, some people will be forced to sell, if these assessments are upheld," he says.
As far as those two other lawsuits filed by Heron Cove, its not clear when those will be heard.
