04/16/2026
HLPOA Challenge to Higgins Lake Special Assessment District
The Higgins Lake Property Owners Association (HLPOA) is continuing its two-track challenge to the Higgins Lake Special Assessment District (SAD). On Tuesday, March 31, 2026, attorney Phil Ellison, representing the HLPOA and approximately 600 like-minded Higgins Lake residents, filed an appellate brief in Roscommon Circuit Court opposing the SAD.
This brief raises the same issues that were previously presented to the appellate court on August 6, 2025. At that time, the court determined for the first time, under Michigan law, that such a challenge was too early and should instead be brought after the assessments against Higgins Lake residents were issued. Our attorney disagrees, and that Court of Appeals' decision is before the Michigan Supreme Court. The Counties, nevertheless, still decided to go forward with imposing the special assessment. Those assessments were included in the winter 2025 tax bills for residents of Gerrish and Lyon Townships. Based on the intermediate appellate court’s guidance (despite still being challenged at the Supreme Court), this is now an appropriate time for these arguments to finally be heard and decided.
Anyone interested is encouraged to review the brief, which clearly outlines the arguments being made about how the Counties are violating the law of special assessments.
To view the brief filed on March 31, 2026, please use the following link:
http://olcplc.com/s/dIHYe
To read the related press release, visit the Outside Legal Counsel website at:
http://olcplc.com/s/dB9SN
Roscommon County has until the end of April to file their arguments in response. While it is not yet known when the case will be heard by the Roscommon Circuit Court, the HLPOA will share updates as soon as that information becomes available.
To review the brief filed with the Michigan Supreme Court on January 25th, please use the following link:
http://olcplc.com/s/cWHnR
