Michigan Appeals Court Backs Property Owners in Dam Failure Lawsuit

Property owners in Michigan who have sought accountability from the state for the catastrophic collapse of the Edenville Dam in 2020 have secured a significant victory in their legal battle. In a unanimous 3-0 decision, the appeals court has declined to dismiss a series of lawsuits linking the dam's failure to actions taken by state regulators.

The court's ruling paves the way for claims of "inverse condemnation," which is essentially when the state is held responsible for causing property damage, to move forward. Property owners contend that the state shares some responsibility, as regulators instructed the private owner of the hydroelectric dam situated on the Tittabawassee River to raise water levels in Wixom Lake, a reservoir formed by the dam.

This win represents a crucial development for Michiganders seeking justice for the property damage inflicted by the dam's breach in 2020.

In May 2020, following three days of relentless rainfall, the Edenville Dam gave way, unleashing a deluge that overwhelmed the downstream Sanford Dam and inundated the city of Midland. This disaster resulted in the temporary evacuation of thousands of residents and the destruction of 150 homes.

At this early juncture in the legal proceedings, the appeals court has indicated that it is inclined to give more weight to the allegations put forth by property owners, despite the state's objections. The court has referenced a significant 2020 decision by the Michigan Supreme Court concerning the state's liability in the Flint water crisis. In that case, the highest court in Michigan ruled that Flint residents could pursue legal action against those responsible for decisions leading to lead contamination in the city.

The appeals court, in its recent decision, highlighted the property owners' claims that the state's environment agency, EGLE, conducted a superficial inspection of the Edenville Dam in 2018, incorrectly asserting that the dam was structurally sound when it was not.

While the Federal Energy Regulatory Commission commissioned experts to investigate the events surrounding the Edenville and Sanford dams, their 2022 report concluded that the dam failure was "foreseeable and preventable." However, it was deemed impossible to attribute blame to any single individual, group, or organization.

This court ruling signifies a significant step forward in the pursuit of accountability for the Edenville Dam's collapse and the ensuing devastation.