Emergency Appeal Filed Over Misleading Higgins Lake SAD Assessment Notices

Outside Legal Counsel PLC, on behalf of Higgins Lake property owners, has filed an Emergency Application for Leave to Appeal with the Michigan Court of Appeals after the Roscommon County Circuit Court denied requests for temporary injunctive relief against the imposition of a controversial special assessment.

The appeal seeks immediate intervention to stop Roscommon and Crawford Counties from finalizing a $400,000 special assessment—expected to grow into millions more—based on what is alleged to be a constitutionally defective notice.

At issue is the Counties’ official notice, which told residents that “appearance and protest at the hearing is required to appeal the amount of the proposed special assessment.” Plaintiffs argue this statement is false, because Michigan law expressly allows appeals to circuit court without requiring prior protest.

“This is not a technical error—it’s a flat-out misstatement of the law,” said attorney Philip L. Ellison of Outside Legal Counsel PLC. “When government misleads citizens about their rights, it’s not just wrong—it’s unconstitutional. If the Court of Appeals does not step in, property owners will permanently lose rights the Legislature specifically guaranteed them.”

After the trial court denied a Temporary Restraining Order on September 5, 2025, and then denied reconsideration, Roscommon County escalated the problem. On September 13, 2025, the County issued a new set of “Frequently Asked Questions” to the public, which repeated and expanded the same falsehood. The FAQ told property owners that in order to appeal their assessment, they “must have protested/objected” at the September 2 hearing, either in person or by written objection. This language directly restates and entrenches the misrepresentation at the heart of the lawsuit, ensuring that more property owners will wrongly believe they lost their rights.

With the Roscommon County Board of Commissioners now expected to take final action on September 17, 2025, the Emergency Application was paired with a Motion for Immediate Consideration. Plaintiffs warn that without fast appellate relief, property owners will wrongly believe they lost their right to appeal and the damage will be irreversible.

“This case is about basic fairness,” Ellison added. “Government has no right to trick citizens out of their property or appellate rights, and we are asking the Court of Appeals to put a stop to it before the harm is permanent.”