SEEKONK - Developer Charles Tapalian, who owns the Firefly Golf Course, is suing the owners of the Old Grist Mill Tavern for failing to maintain a dam that Tapalian claims is dangerous and has caused flooding on his property.

Tapalian's nearby golf course, the suit states, has become an "involuntary flood plain" during heavy rains.

Tapalian alleges that water from the dam has flooded his golf course, restricting play to 9 of the course's 18 holes. Witnesses have also seen flooding in the restaurant's basement.

The dam's collapse would result in loss of "property, life, wildlife areas (and) wetlands," according to the suit, which was filed in Bristol Superior Court by Tapalian's attorney, John Reilly.

Reilly said the Massachusetts Department of Conservation and Recreation's Dam Safety Division had sent a letter to the owners of the Old Grist Mill in 2005, requesting the development of an Emergency Action plan, but did nothing, he said. The tavern later changed ownership. The suit claims the owners of the dam have acted negligently, and should be ordered to repair the dam properly and keep records of water levels and water discharges.

"Operate the restaurant by all means, but operate the dam," Reilly told the Sun Chronicle. "Don't just let it sit there."

Planning Board chairman Neil Abelson said at a March selectmen meeting that the failure of the dam would result in a major catastrophe for nearby residents.

A report filed with the town by the Pare Corporation cited the breakdown of the dam as creating "high potential" for serious damage to property and loss of life at the Grist Mill tavern. The report from the Lincoln, Rhode Island-based company was commissioned by the owners of the Old Grist Mill Tavern.