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Residents rescue a US flag on May 21, 2020, after its flag pole was brought down by flood waters in Sanford, Michigan. Getty Images

‘We have been ignored and left behind’: 5 years after 2 dams failed and caused catastrophic flooding in Michigan, residents are suing the state for money they say they're owed

Many people in Michigan’s Midland area remain underwater financially after a catastrophic dam failure in 2020 forced the evacuation of 11,000 residents and destroyed thousands of homes and businesses.

"So many of us are still not just back to where we were, but not even a level of financial stability, of not having a home that is permanent and is sustainable," resident Darla Ball told ABC 12.

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She is among nearly 800 area residents to send a letter to Gov. Gretchen Whitmer, demanding the governor keep a promise she made at the time of the disaster.

Whitmer's exact words: “Little by little, we are going to help the Midland-area residents and businesses get back on their feet."

Residents believe that “back on their feet” means financial compensation from the state, and residents are tired of waiting for it.

"We feel we have been ignored and left behind," Ball said.

Here’s why 2,000 of them have launched a lawsuit.

Residents argue that the state had a role in disaster

On May 19, 2020, a dam on the Tittabawassee River failed.

Owned by Boyce Hydro Power, the original dam was showing its age before it collapsed, according to a report by the Mackinac Center for Public Policy.

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Sadly, its failure led to a second dam to collapse — resulting in catastrophic flooding.

Local business owners Denny and Kathy Sian had to take out a mortgage to rebuild their destroyed hardware store.

"Other people, their retirements were destroyed, mine included,” Denny Sian said. “My retirement was having a store that was paid off.”

Many residents successfully sued the private company Boyce Hydro Power, which was forced to liquidate its assets to pay for damages.

But as Mid Michigan Now reports, residents believe the state is also financially responsible.

A group of 2,000 of them have joined forces to sue Michigan for damages. Attorney Ven Johnson, who is representing the plaintiffs, argues that the state actually increased the risk of dam failure “by demanding that water levels be raised.”

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But state officials deny responsibility, arguing that the original lawsuit against Boyce Hydro Power demonstrated that county officials were not to blame.

"The failure of the Edenville Dam was tragic,” As Michigan Attorney General told 12News in a statement, “and the Attorney General sympathizes with the thousands affected by the dam failure who undeniably suffered tremendous losses.

“The State, however, was not responsible for the dam failure."

The Attorney General also noted that the plaintiffs initially lost their suit against the county. But the Michigan Court of Appeals has ruled the plaintiffs' case can continue and return to the trial court.

Johnson is motivated. He said for the state to deny responsibility is “just crazy,” and that officials clearly want to keep “delaying, delaying, delaying and destroying people's dreams.”

The trial is expected to begin in January if there are no further delays.

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Christy Bieber Freelance Writer

Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.

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