In a Show Cause hearing Wednesday, Judge Amy McDowell dismissed the case filed by Upper Crooked Lake homeowners suing Barry County Drain Commissioner Jim Dull and the Watson Drain District for the loss of their homes to the flooded lake as a “taking” without just compensation.

 

The property owners had asked the court to order Dull and the drain district to immediately commence eminent domain proceedings by making a good faith order of just compensation for their homes.

 

After about an hour of oral arguments, McDowell asked the attorneys into chambers; when they came out and after more discussion, McDowell granted the motion for dismissal of the case.

 

Attorneys Doug Kelly and Stephon Bagne with Clark Hill P.C. spoke for Dull and the Drain District. Attorneys Michael Perry and H. Kirby Albright with Fraser Trebilcock Davis & Dunlap, P.C. represented the homeowners. The property owners and their attorneys left the courtroom without talking to reporters.

 

“I’m happy with the result,” Kelly said after the dismissal.  “We’re still not happy about the flooding on Crooked Lake, Pleasant Lake or any other lake in Southwest Michigan.”

“Everyone has sympathy for the homeowners,” Bagne said.

 

Dull and Engineer Brian Cenci said they will continue to work on the short term solution they is underway and noted there is an informational meeting scheduled at Delton Middle School on Saturday, June 8 at 10 a.m. to answer questions about the flooding on Upper Crooked Lake and their efforts to remedy it.

 

The complaint was filed earlier this month by lake property owners Robert and Sharon Ritchie, Michael and Sandra Golembiewski, David and Ann Skender, David and Leslie Bolton, Mark Nelson and Jill Sterling.

 

The homeowner’s attorneys failed to show that it was outside of Dull’s discretion to replace the Floria Road culvert and that there is no other remedy in law, two elements of the case.