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Federal court deals blow to Edenville Dam's former owners

The May, 2020 flood inundated parts of Midland and Gladwin counties following the failure of the Edenville dam. The Tittabawasee River rose downstream in the city of Midland
Steve Carmody
/
Michigan Radio
The May, 2020 flood inundated parts of Midland and Gladwin counties following the failure of the Edenville dam. The Tittabawasee River rose downstream in the city of Midland

The former owners of a mid-Michigan dam that catastrophically failed in 2020 have lost a round in federal court.

On Friday, U.S. District Court Judge Paul Maloney ruled the previous owners of the Edenville Dam violated parts of Michigan’s Natural Resource and Environmental Protection Act.

According to state prosecutors, the company, Boyce Hydro, determined in 2010 that the east embankment of its dam might fail if Wixom Lake rose too high. The state says the defect could have been fixed, but the owners didn’t follow through.

The dam’s failure contributed to tens of millions of dollars in damage and forced thousands of people to evacuate their homes.

“The State demonstrated dam ownership disregarded threats to the safety and integrity of the dam, and absolutely was responsible for its failure, so much so they had no defense whatsoever,” said Dana Nessel, Michigan Attorney General.

The Michigan Attorney General’s office says with the judge granting a motion of summary judgment, the state "plans to seek a money judgment" against the previous owner personally.

Steve Carmody has been a reporter for Michigan Public since 2005. Steve previously worked at public radio and television stations in Florida, Oklahoma and Kentucky, and also has extensive experience in commercial broadcasting.
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