A court case over the 2020 collapse of the Edenville Dam got underway Monday.
More than 2,000 property owners in Midland, Gladwin, and Saginaw counties are seeking compensation from the state of Michigan after the dam failure unleashed a flood on the Tittabawassee River and caused around $175 million in damage.
In opening statements, the plaintiffs argued the state had jurisdiction over the dam and failed to take action to prevent flooding after a major storm.
Thomas Wuan, a lawyer representing the property owners, said the state was aware the dam was not structurally sound and concealed the risks.
He said the state pressured the dam owner, Boyce Hydro, to raise the water levels of Wixom Lake to protect aquatic mussels.
"This particular lawsuit, your honor, has been filed to hold the state accountable," Wuan said. "To hold them accountable for something that was predictable and preventable from their perspective."
The state argued it is not responsible for the incident, and Boyce Hydro ultimately had control over the water levels.
"This Edenville Dam, it was private property. It was surrounded by a fence. It was operated by a private company. No Boyce Hydro employee took direction from or reported to any state agency, said Nathan Gambill, an attorney for the state.
Boyce Hydro declared bankruptcy in August 2020 and has been ordered to pay the state $120 million for the damage caused by the dam failure.
The trial will likely run through next week.
