OLC Files Opposition to Change Houghton Lake's Legal Level

For Immediate Release | May 23, 2025
https://olcplc.com/public/media?1748037696

A coalition of Houghton Lake property owners, alongside the Houghton Lake Lake Association, represented by Outside Legal Counsel PLC, submitted formal objections to a petition by Roscommon County to amend the 1982 Houghton Lake Legal Level Order. The objectors argue that the proposal violates Michigan’s Natural Resources and Environmental Protection Act (Part 307) and raises serious constitutional concerns, jeopardizing the lake’s ecological balance and property rights.

The petition, filed by Roscommon County’s Delegated Authority, seeks to implement an "operations and maintenance manual" allowing temporary lake level increases of up to 0.3 feet above the current summer legal level. Objectors challenge that these changes could flood private properties, including critical wetlands, which filter runoff from Denton Township’s commercial district. Such flooding also constitutes an unconstitutional taking, requiring just compensation under U.S. and Michigan law. Additionally, higher water levels threaten Houghton Lake’s diminishing wild rice beds, a threatened aquatic grass vital to wildlife, fish populations, and water quality, contravening the state’s mandate to preserve natural resources.

"The county government has failed to be faithful to Michigan law regarding inlands lakes in Roscommon County," states attorney Philip L. Ellison. "We will vigorously defend against the government's shortcoming."

For the objectors, Ellison criticizes the petition for its lack of support and evidence, noting the absence of the required preliminary study, the operations manual, or data supporting the proposed changes. This omission violates due process by denying stakeholders the opportunity to review ahead of the county-scheduled hearing and respond to undisclosed evidence, amounting to a “trial by ambush.” Roscommon County's petition also fails to address mandatory considerations under Part 307, such as impacts on fisheries, wildlife, and riparian rights. The proposal seemingly prioritizes recreational boating over all of the lake’s broader ecological and public interests, risking long-term harm to its natural character.

A hearing is scheduled for May 30, 2025 before the Roscommon County Circuit Court.

The objectors urge the court to deny and dismiss the petition. Doing so, they assert, protects Houghton Lake’s ecosystem and its property owners’ rights from arbitrary and unsupported changes.

A copy of the "Objections and Opposition" can be downloaded here [34mb].
Note: Outside Legal Counsel PLC has recently opened its second office in Roscommon County to assist property owners with lake rights issues and cases.

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