Foto

Midland homeowners sue dam owners, seek compensation for flood damage

Midland property owners are seeking compensation in class-action lawsuits filed in federal court in Detroit against Boyce Hydro, the owners and operators of the Edenville and Sanford dams. The Edenville Dam broke after heavy rainfall and flash flooding on the Tittabawassee and Tobacco rivers Tuesday, which led to the Sanford Dam β€” downriver of the Edenville Dam β€” to become overwhelmed and also fail. More than 10,000 residents were evacuated, and many lost homes and other property. One lawsuit filed Friday claims negligence, nuisance and trespassing on the part of the Boyce Hydro by failing to ensure both dams were in working order and in accordance to federal regulations. "This was not an unforeseen event," attorney Jonathan Marko, of civil rights and employment law firm Marko Law, said. "This was a disaster waiting to happen and defendants should answer for the tens of thousands of people who have lost or sustained damage to their homes during an already difficult time." Dan Curth, an attorney representing Boyce, responded that the company did not comment on litigation. The lawsuit said Boyce Hydro's negligence showed a lack of concern for the well-being of residents on or near the water that is partially controlled by the dams. The floodwater, under which many homes are now submerged, is unauthorized trespassing, the lawsuit claims, and the actions of the operators were performed intentionally, given the warnings by federal authorities. "Boyce owned and managed a ticking time bomb, knowing full well the devastation these dams could cause in the event of a major flood," said Matt Morgan, a class-action attorney from Minnesota who is also representing the plaintiffs. "It deferred necessary maintenance and repairs, putting their greed before the safety of local residents. It should be held accountable.” The lawsuit lists three Midland homeowners, an apartment complex, and the owner of two rental properties as plaintiffs, and seeks at least $75,000 for damages, including loss of property, anguish and emotional distress. In another lawsuit, Morgan & Morgan, Grant & Eisenhofer, and Jenner Law, also claimed the owners of the dams acted with negligence and put residents at risk by failing to comply with safety guidelines. "This entirely preventable disaster has upended the lives and businesses of thousands, forcing residents into crowded shelters amid a pandemic and shutting down already-suffering businesses during a recession," said Frank Petosa and Rob Jenner in a joint statement. "We believe this is yet another case of corporate interests putting profits over people." It was known since 2004 that the Edenville Dam was not equipped to handle any major flooding, the lawsuit claims, and the dam posed a major threat to those residing downstream. "We allege they chose to try to conceal the deteriorating condition of the dams," the attorneys said in the statement. "It’s unacceptable, and we will fight to hold them accountable for the tremendous and devastating harm they have caused." Contact Miriam Marini: mmarini@gannett.com.