MIDLAND COUNTY, Mich. – A judge has made a decision on the case of the Edenville Dam disaster.
The Michigan Court of Claims heard arguments in a lawsuit seeking to hold the state liable for the dam breach. The case has been ongoing since 2023.
Related: Aerial video shows complete devastation caused by dam failures in mid-Michigan
Court of Claims Judge James Robert Redford denied the state’s request for summary disposition Monday, May 12, allowing the lawsuit to move to trial.
Background
After three days of rain, the dam failed in May 2020, releasing water that overwhelmed the Sanford Dam downriver and flooded Midland. Hundreds of homes were destroyed and roughly 10,000 people had to evacuate. Gov. Gretchen Whitmer declared a State of Emergency for Midland County at the time.
A 502-page report in 2022 said the dam failures were “foreseeable and preventable.”
The lawsuit alleges the Michigan Department of Environment, Great Lakes and Energy knew the dam was not structurally sound or safe but continued to fill the dam anyway.
Liability
The former owner of the Edenville Dam, Boyce Hydro, was found liable in 2023 for $120 million in damages.
The state argued Boyce Hydro had predicted in 2010 that the east embankment of the Edenville Dam could fail if Wixom Lake’s water levels got too high. That embankment was the same one that failed in May 2020 following heavy rainfall in the region. When the dam failed, Wixom Lake’s water level was nearly six feet above its normal level.
Boyce Hydro reportedly failed to disclose information regarding the issue to the federal government -- which regulated the dam in 2010 -- and the state.
Boyce Hydro has since filed for bankruptcy.
Attorney response
After the Judge denied the state’s motion for summary disposition Monday, attorney Kevin Carlson released the following statement:
“We are pleased the court has denied the state’s motion for summary disposition, allowing this case to move forward to trial and ensuring that the victims of the Edenville Dam disaster will finally have their day in court. These plaintiffs have suffered unimaginable losses, and we are committed to holding the parties responsible accountable for their actions. For five years, the State of Michigan knew about the dam’s dangerous condition but refused to act in the best interests of the public and instead made the dam more dangerous by authorizing higher water levels. We look forward to pressing forward with this case and ensuring justice for those impacted by this catastrophic failure.”
Kevin Carlson of Pitt McGehee Palmer Bonanni & Rivers
