Saugatuck Dunes Coastal Alliance Files Motion to Dismiss SLAPP-style Lawsuit
The Saugatuck Dunes Coastal Alliance yesterday filed a motion to dismiss the SLAPP-style lawsuit filed by North Shores of Saugatuck, LLC against it and its board president, David Swan. The lawsuit, filed on June 27 in Allegan County Circuit Court, 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 North Shores owned the property.
“We will not allow a baseless lawsuit to deter us from our Mission to preserve and protect the Saugatuck Dunes and Kalamazoo River Mouth,” said Coastal Alliance Board Chair Bobbie Gaunt. “Working to hold developers accountable to local, state, and federal laws does not constitute tortious interference or civil conspiracy and we are hopeful the Court will dismiss the lawsuit.”
SLAPP stands for Strategic Lawsuit Against Public Participation, a tactic designed to silence opposition and thwart public participation. The Michigan legislature is currently working on a bill that will prohibit this kind of lawsuit.
Even in the absence of such a bill, public participation in government decision-making is a fundamental right in our country. 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 exercising that Constitutionally-guaranteed right.
Hearing Set for September 9
The Court has scheduled a hearing on the motion for September 9, 2024, at 10:30 a.m. at the Allegan County Circuit Court. North Shores must respond to the motion by September 3, 2024, and the Coastal Alliance may file a written reply by September 5, 2024. The court may decide the motion the day of hearing, or may take it under advisement and issue a decision after the argument.
We’ll keep you posted.
