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UPDATED: Lawsuit Filed to Protect Higgins Lake Property Owners from Misleading Special Assessment Notices
https://olcplc.com/public/media?1757005397
A new class action lawsuit has been filed in Roscommon County Circuit Court on behalf of all property owners in the Higgins Lake Special Assessment District (SAD) after local officials published a misleading legal notice that could strip hundreds of residents of their constitutional rights. On the following day, the lead plaintiff has now asked the court for emergency intervention to stop Roscommon and Crawford Counties from finalizing a multi-million-dollar special assessment based on what they call an unlawful and misleading process.
The suit, brought by property owner William J. Demmer and represented by Outside Legal Counsel PLC, alleges that the Roscommon and Crawford County Boards of Commissioners knowingly issued a notice falsely stating that property owners had to both appear and protest at a September 2, 2025 hearing in order to preserve their right to appeal the assessment.
In reality, Michigan law (MCL 324.30714) provides that any property owner may file an appeal with the circuit court within 15 days after confirmation of the assessment roll, without the prerequisite of a prior protest. By adding a condition not found in the statute, the counties misled hundreds of property owners and is alleged to have violated the Due Process Clause of the Michigan Constitution.
“Misleading process is not due process,” said attorney Philip L. Ellison, counsel for the proposed class. “The counties attempted to rewrite state law in their own favor by inserting a protest requirement that simply does not exist. Property owners deserve accurate, lawful notice—not tricks and legal traps.”
The lawsuit seeks class certification, a judicial declaration that the counties’ notice was unconstitutional, and a corrective notice to all property owners—at the counties’ expense, not charged back to the SAD. The plaintiffs are also asking the court to extend the objection and appeal deadlines to ensure property owners are not deprived of their rights.
On September 5, Demmer's counsel filed an Ex Parte Motion for Temporary Restraining Order (TRO) and an Order to Show Cause against the Counties' Boards of Commissioners. The filing seeks to immediately halt the counties from confirming the Higgins Lake Special Assessment District (SAD) roll at scheduled hearings on September 10–11, 2025.
The case, Demmer v. Roscommon County Board of Commissioners, et al, underscores the high stakes of local special assessments around Higgins Lake. Property owners argue that this flawed notice may only be the beginning, with a much larger, multi-million-dollar assessment expected in the near future.
“Hundreds of families around Higgins Lake are at risk of being shut out of court because of an unlawful notice,” Ellison added. “We are asking the court to correct this before it becomes a precedent for even larger assessments.”
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