NORTHSHORE OF SAUGATUCK PROPOSED MARINA
Holding regulators accountable to the public interest
The 300-acre property that sits on land along the Kalamazoo River and Lake Michigan just north of Saugatuck has been rooted in controversy since 2007. During that time, conservationists were outbid on two occasions by developers intent on turning this wooded duneland into commercial developments. The Coastal Alliance partnered with environmental advocates to buy the property in 2016. Unfortunately, the land was flipped to another developer.
The current saga of this initiative began in 2017 when NorthShore of Saugatuck applied for permits to carve through protected dunes and the historic site of Singapore to create waterfront for a private large-yacht marina. NorthShore is owned by Holland, MI residents Jeff and Peg Padnos who are working with local developer Scott Bosgraaf. The proposed marina, located within a gated community near the mouth of the Kalamazoo River, would have significant negative effects on our community. It would:
Excavate 250,000 tons of sand within Michigan’s Critical Dune Boundary, permanently erasing 6.5 acres of dunes.
Alter the groundwater beneath globally imperiled interdunal wetlands.
Damage Potawatomi Traditional Cultural Property by putting at risk lake sturgeon, burial sites, sacred and ceremonial sites, wild rice, and other cultural values.
Devastate the local ecology by imposing noise, vibrations, emissions, and light; introducing invasive species; creating habitat fragmentation; and destroying mature forest canopy.
Undermine our tourism economy.
From the beginning, the Coastal Alliance has been fighting the proposed marina by educating our community about what’s at stake, filing lawsuits, and collaborating with our allies to petition regulatory agencies to deny permits. NorthShore of Saugatuck must obtain permits from Saugatuck Township, the Michigan Department of Environment, Great Lakes, and Energy (EGLE), and the U.S. Army Corps of Engineers (USACE) to build its proposed marina. Here’s where things stand:
Saugatuck Township
The Coastal Alliance has been in years-long litigation with Saugatuck Township over the permit it issued to NorthShore in 2017 to build its proposed marina — a permit that violates the Township’s zoning ordinances. The focus of the litigation to date has been whether the Coastal Alliance has legal standing to challenge the permit — a case that reached the Michigan Supreme Court. In July 2022, the Supreme Court issued a decision that changed Michigan law and clarified the criteria for standing. As a result, the Supreme Court sent the case back to Allegan County Circuit Court for further consideration.
In April 2023, the Circuit Court directed Saugatuck Township’s Zoning Board of Appeals (ZBA) to determine whether the Coastal Alliance meets the Michigan Supreme Court’s new criteria for standing. Consistent with the Supreme Court decision, the judge directed the ZBA to consider new, relevant evidence that for good reason was not available in 2018.
The Township ZBA held meetings from May through July 2024 and on July 24 determined the Coastal Alliance meets the new criteria for standing. We are in the process of determining what the next steps are – stay tuned.
Once the ZBA’s decision to grant standing has been upheld, the Coastal Alliance looks forward to arguing the merits of our appeal — that the approval of the special approval use permit for the marina violates Township ordinances.
Michigan Department of Environment, Great Lakes and Energy
On February 9, 2024, EGLE denied NorthShore’s marina permit application, citing significant adverse impacts on the natural resources associated with the Kalamazoo River, the uses of the Kalamazoo River, the Traditional Cultural Property of the Potawatomi, and the public trust. EGLE also noted inconsistencies and other issues with the hydrologic groundwater modeling submitted by the applicant. In addition, they noted there are feasible and prudent alternatives to the proposed marina. Learn more here.
NorthShore appealed EGLE’s denial on April 8. Their Petition for Contested Case Hearing claims their “proposed project satisfies all criteria and requirements for the issuance of a permit under all applicable rules and regulations, including Part 301, and therefore, [we are] entitled to a permit.”
While disappointed by the developer’s continued pursuit of its environmentally destructive and culturally contemptuous project given the feasible and prudent alternatives available, the Coastal Alliance is not surprised by their petition. The Alliance filed a petition to intervene in support of EGLE’s denial in conjunction with the Pokagon Band of Potawatomi and the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians. The Nottawaseppi Huron Band of the Potawatomi has filed a separate motion to intervene. Those motions to intervene have been granted and we expect the substance of the case to be underway towards the end of 2024.
EGLE also granted NorthShore permits for a community center (part of the marina development) and viewing platform, which the Coastal Alliance has separately challenged through a contested case. The Administrative Law Judge recently consolidated the marina and community building contested cases for consideration together.
U.S. Army Corps of Engineers
Just three days after EGLE denied NorthShore’s permit application, USACE denied the federal permits. NorthShore had applied for the permits in 2017. In its February 12, 2024, letter to the applicant, USACE wrote: “At this point in our evaluation, it appears the detriments of your project as currently proposed may have outweighed the benefits to the overall public interest. Specifically, the project would adversely affect the Kalamazoo River Mouth Traditional Cultural Property (TCP). The mitigation proposed to date does not appear adequate to resolve the adverse effects to the TCP.” Learn more here.
NorthShore of Saugatuck’s Proposed Boat Ramp
Shortly after EGLE denied NorthShore a permit to build a marina at the Kalamazoo River Mouth, the developer applied for a separate permit to build a boat ramp on its property. The proposed boat ramp violates Michigan law in many of the same ways its failed marina proposal would have. Read our FAQs for more details.
The Coastal Alliance and its members mobilized to urge EGLE to deny the boat ramp permit by speaking out during the department’s public meeting on August 13 and submitting written comments. We expect EGLE to make its decision no later than November 2024.
NorthShore of Saugatuck’s SLAPP-Style Lawsuit (A Strategic Lawsuit Against Public Participation)
On June 27, 2024, the Saugatuck Dunes Coastal Alliance was notified of a SLAPP-style lawsuit filed by North Shores of Saugatuck, LLC against it and board president David Swan personally. SLAPP stands for Strategic Lawsuit Against Public Participation, a tactic designed to silence opposition and thwart public participation. The First Amendment of the U.S. Constitution guarantees the right to petition the government, which includes opposing a developer’s efforts to obtain use permits from local units of government to develop land. A party cannot be sued for merely exercising that Constitutionally-guaranteed right.
The lawsuit alleges claims of tortious interference and civil conspiracy and is a desperate jumble of hyperbole and vitriol that isn’t supported by facts or law. The vast majority of its claims date back to actions that took place before July 2021 and fall outside the statute of limitations, including activities that occurred before NorthShore owned the property. In early August, NorthShore amended its complaint to add a defendant and some detail on its claim of tortious interference.
On July 25, the Coastal Alliance filed a motion to dismiss the lawsuit and vowed to supporters that it will continue to work to hold developers accountable to local, state, and federal laws – actions that do not constitute tortious interference or civil conspiracy.
During a September 9, 2024, hearing, Allegan County Circuit Court Judge Antkoviak ruled that NorthShore must withdraw its subpoenas issued to 56 citizens, including regulatory managers, scientists, elected officials, and Coastal Alliance members, pending a decision on whether and how the lawsuit will continue. Learn more on our blog.
History of the potential marina site
Late 1800s
Blowing winds bury the town of Singapore after the community’s main lumber mill moves to St. Ignace.
1996 and 1998
The City of Saugatuck offers to buy acreage from Frank Denison near Oval Beach in 1996 and the Dept. of Natural Resources offers to buy acreage in 1998. Both deals fall through.
Early 2000s
Following the sudden death of Frank Denison, the property is purchased by energy mogul Aubrey McClendon who outbid groups seeking to buy the land to add to the state park. The Land Conservancy of West Michigan purchases 177 acres from McClendon to establish the Saugatuck Harbor Natural Area.
2016 and 2017
Following McClendon’s death in a car accident, the property was listed for $40M. Offers from residents who sought to conserve the land were rejected in favor of a bid from NorthShore, owned by Padnos. NorthShore received a permit from Saugatuck Township to build a yacht marina in 2017.
2020
The Keeper of the National Register of Historic Places determines that the Kalamazoo River Mouth Area meets the criteria as a Traditional Cultural Property of the Potawatomi.
Recent updates
