Michigan Court of Claims Rules State Not Liable for Edenville Dam Failure in 2020
The Michigan Court of Claims has ruled that the state is not liable for the Edenville Dam failure in 2020. Property owners had sued the Michigan Department of Natural Resources and the Michigan Department of Environment, Great Lakes, and Energy, claiming their property was "inversely condemned." However, the judge found that the state did not take over the property and that the dam was privately owned and operated by Boyce Hydro. The state regulated the dam but did not control its day-to-day operations or the gates that set lake levels.
The judge's decision was based on an independent forensic report that identified the cause of the dam failure as a rare soil failure called static liquefaction in the dam's left embankment. The report concluded that the failure was triggered during a flood worse than anything recorded in nearly a hundred years. The judge stated that the failure was the result of various factors related to the dam's construction in the 1920s and could not be solely attributed to any one agency or group.
As a result of the ruling, the state agencies are not held responsible for damages in this case. Property owners still have the option to pursue other lawsuits against private parties and can appeal the court's decision. Stay updated on this story by following TV5 on air and online for the latest updates.
For more local news and weather updates, subscribe to the WNEM TV5 newsletter to receive daily updates straight to your email.