Nearly six years after the flood, the Michigan Court of Claims ruled against more than 2,000 property owners who sued the state for damages following the 2020 Edenville dam failure.
Property owners sued the state Department of Natural Resources and the Department of Environment, Great Lakes and Energy.
They argued the departments knew of the dam’s poor condition and that their efforts to raise water levels for environmental concerns were partially to blame for the flooding.
In an opinion from Judge Robert R. Redford released today the court ruled state environmental officials did not control the Edenville Dam, which was private property.
“The record refutes a finding that either defendant exercised operational control of the Edenville Dam,” the opinion read. The dam was owned by Boyce Hydro.
The court also said the state's enforcement efforts to protect mussels were not an abuse of power nor a substantial cause of the elevated water levels.
Boyce Hydro drew down the level of the Wixom River, which the state said inflicted harm on Mussels. The state threatened litigation seeking over $300 million.
The court said the DNR was engaging in “consistent practice,” in evaluating the ecological damage of the drawdown and that the damages were calculated using industry standards.
Redford said the regulator’s actions could be considered “overreaching or misguided.”
However, he said the evidence does not suggest their actions were an overreach or a "substantial cause of the rising of the water level of Wixom Lake prior to the Edenville Dam's failure.”
The state gave Boyce Hydro a permit to raise the water levels in 2020 prior to the dam failure.
The ruling says that the permit was not an order. In addition, the state “had no forewarning,” the dam would collapse, given the water levels were consistent with past levels going back close to 100 years.
Ultimately, the court was persuaded by an independent forensic team report that suggested lowering the water levels of Wixom Lake would have been “unlikely to prevent the Edenville Dam's failure.”
In a statement, state Attorney General Dana Nessel called the incident “tragic.” She said, “the evidence has always shown the State was not responsible, we have taken decisive action against those who were.”
The dam break left entire communities in peril after its record-breaking waves decimated infrastructure. The flooding caused over $175 million in damages.
Carl Hamann is a Sanford Village commissioner; he spoke to WCMU in January.
"I turned 65 and lost everything I owned," Hamann said. "It's been a struggle just to come back. I've rebuilt my house mostly [by] myself."
The order says no monetary compensation will be given to the plaintiffs.
In a statement to WCMU, EGLE said it “remains committed to working with partners and communities to strengthen protections and prevent another disaster.”
WCMU’s Cristin Coppess contributed to this report.
