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Michigan Supreme Court is the next stop for dam legal fight

Steve Carmody
/
Michigan Public

The Michigan Supreme Court is being asked to weigh in on a special assessment to pay for rebuilding dams that failed in Midland and Gladwin counties.

In May of 2020, the failures of the Edenville and Sanford dams unleashed rain swollen floodwaters, swamping thousands of homes.

The flood waters have long since receded, but the reconstruction of the dams has slowed.

The reason is a group of Gladwin and Midland county property owners, called the Heron Cove Association, sued to block a special assessment to pay for the project.

The two county boards of commissioners approved the special assessment, intended to raise more than $200 million. The figure is slightly more than half the cost of the project projected by the Four Lakes Task Force, the group charged with rebuilding the dams and restoring the drained lakes.

However, the property owners claim the assessment is an unfair burden in violation of state law and out of line with the actual financial benefit property owners would receive. So far, state courts have disagreed.

The Heron Cove Association is now asking the Michigan Supreme Court to consider their legal challenge to the special assessment.

The ongoing litigation is preventing the Four Lakes Task Force from moving forward to acquire financing for the project.

Steve Carmody has been a reporter for Michigan Public since 2005. Steve previously worked at public radio and television stations in Florida, Oklahoma and Kentucky, and also has extensive experience in commercial broadcasting.
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