Case against Barry Co. drain commissioner dismissed

Crooked Lake on May 24, 2019 in Delton, Mich.

DELTON, Mich. — A judge dismissed a lawsuit against the Barry County drain commissioner after about an hour in court Wednesday.

The lawsuit claimed Jim Dull’s decision to replace a culvert on Crooked Lake in Delton created flooding that made homes uninhabitable.

A judge ruled Dull’s position as drain commissioner gives him the discretion to make those decisions and dismissed the case.

The group of people who filed the lawsuit can appeal the decision, but Dull’s attorney says he hopes both sides can move forward to find a solution.

“The judge ruled the relief sought by the plaintiffs was not appropriate today,” said Doug Kelly, Dull’s attorney. “That doesn’t mean that anybody doesn’t feel badly for them. We all do, we wish there was something we could do, but a lawsuit is not the remedy.”

The lawsuit asked for Barry County to begin eminent domain proceedings so the people who lost their homes to flooding could afford to move away from the lake.

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  • Dave

    Live at the bottom of a basin and blame your flooding issues on others….The judge should have thrown this out immediately and forced the residents to pay all judicial costs for this BS.

    • Jay

      Barry County has had years of rising waters to be “proactive” in a resolution. Instead they act when it becomes a disaster and person’s homes are in jeopardy.

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