(CBS DETROIT) - Three years after the collapse of the Edenville Dam's east embankment, a federal court ruled that the dam's former owners were responsible.
On Friday, the U.S. District Court for the Western District of Michigan granted a motion for summary judgment filed by the state on behalf of the Michigan Department of Environment, Great Lakes and Energy (EGLE) as part of the action of ongoing state execution against the former owners.
"Plaintiffs presented sufficient evidence to show that Defendants knew of the vulnerability of their quarry and that they did not inform EGLE of that vulnerability. Defendants do not dispute any of the claims," โโJudge Paul Maloney wrote.
The dam failed on May 19, 2020, releasing a torrent that overtopped the Sanford Dam downstream and flooded the city of Midland. The torrent affected thousands of people who had to temporarily evacuate, caused millions of dollars in damage and destroyed more than 100 homes.
Michigan officials say an investigation revealed that Boyce Hydro failed to repair a defect in 2010 after learning the embankment could fail if Wixom Lake rose too high. The state claims Boyce Hydro did not disclose the defect to them, even though the law requires them to do so.
Officials say Lee Mueller, the person who ran Boyce Hydro, has resigned as dam safety engineer and chief operator. Mueller allegedly neglected dam safety priorities.
Following the court's ruling, the state says it is now seeking a monetary judgment against Mueller.
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