Dec. 11 was a Good Day for the Coastal Alliance

Allegan County Circuit Court Judge counters claims from lawyers for Saugatuck Township and NorthShore!

The Coastal Alliance, NorthShore of Saugatuck, and Saugatuck Township were back in Allegan County Circuit Court on December 11. It was a very good day.

A Quick Refresher on Our Challenge to Saugatuck Township

Six years ago (2017), the Saugatuck Township Planning Commission granted NorthShore of Saugatuck a permit to build its proposed marina at the mouth of the Kalamazoo River.

In 2017, the Coastal Alliance appealed the decision to the Township’s Zoning Board of Appeals (ZBA), who rejected the appeal, deciding we didn’t have standing to challenge the decision.

In 2018, the Coastal Alliance filed a lawsuit in the Allegan County Circuit Court to appeal the ZBA’s decision. This began a series of appeals which reached the Michigan Supreme Court (MSC).

In July 2022, the Michigan Supreme Court clarified the requirements for standing in a zoning appeal (the “aggrieved party” standard) and remanded the case back to the Allegan County Circuit Court.

The MSC significantly expanded the definition of a ‘party aggrieved’ and provided guidance on how to consider special damages in establishing standing. The MSC also removed the requirement of property ownership to establish ‘aggrieved party’ status.

In early April 2023, lawyers for the Coastal Alliance, NorthShore, and Saugatuck Township’s insurance company appeared before Judge Kengis in Allegan County Circuit Court to argue the question of standing.

On April 27, Judge Kengis issued an order directing the Township ZBA to determine whether the Coastal Alliance meets the Michigan Supreme Court’s new criteria for standing. Consistent with the MSC ruling, Kengis’s order also said the ZBA should consider new material evidence that for good reason was not presented in 2018. Judge Kengis retired in August 2023.

Township ZBA Convenes, Asks Judge for Clarification and Relief

As directed by Judge Kengis, the Township ZBA began deliberating about the question of standing in September 2023, starting with the question of what new evidence to consider. The Coastal Alliance submitted a well-organized binder with documents/evidence that for good reason were not presented in 2018. The binder included an overview that recapped each document and why it should be considered material to the ZBA’s decision. NorthShore, on the other hand, essentially dumped approximately 1,500 pages of materials with no organization or explanation – a daunting task for the ZBA to sort through.

In November, the attorney for the Township’s insurance company filed a motion with the Allegan County Circuit Court on behalf of the Township asking for clarification of and relief from Judge Kengis’s April 2023 order.

On December 11, the parties appeared before Judge Antkoviak, Judge Kengis’s successor, to argue their positions.

The Township’s position at the hearing was that it “is unwavering in its view” that evidence related to non-property owners must have existed at the time of the Township Planning Commission decision. In other words, they didn’t want the ZBA to consider or admit any evidence beyond what was available in 2018 in determining whether the Coastal Alliance meets the Supreme Court’s clarification of what’s required for standing. This position is counter to both the MSC’s suggestion and Judge Kengis’s order that there was, for good reason, evidence available after 2018 that would be relevant to the determination of standing. For example, in October 2022, the City of Saugatuck City Council unanimously passed a detailed resolution opposing the proposed marina.

NorthShore agreed with the Township’s position, and also claimed that the Supreme Court’s clarification to the criteria for standing were merely “tweaks.”

The Coastal Alliance’s attorney argued that the MSC explicitly recognized that new evidence might exist and that remanding the determination of standing back to the ZBA might be appropriate.

Judge Antkoviak’s Response

While Judge Antkoviak has not yet issued his written order, his direction to the Township, NorthShore, and Coastal Alliance supported the Coastal Alliance’s position, reminding the Township attorney that Judge Kengis’s court order clearly states that, “additional material evidence exists that with good reason was not presented to the ZBA.” Judge Antkoviak determined that the April 27, 2023, date of Judge Kengis’s Court Order is the date for closing the record, which means the ZBA should consider admitting evidence submitted before that date.

Judge Antkoviak rebuked NorthShore’s claim that the new standing criteria was simply “a tweak” by reading the Supreme Court’s dissenting opinion which characterized the court's decision as 'redefining' the party aggrieved standard applying 'new definitions, criteria, and factors.’

Next Steps

Once Judge Antkoviak issues his written order, the Township ZBA will begin the process of determining what new evidence to admit from the Coastal Alliance and NorthShore. The ZBA will then use the evidence to determine whether the Coastal Alliance meets the Supreme Court’s criteria for standing. We remain confident that we meet the criteria, which will enable us to successfully argue the merits of our case that the Township permit clearly violates its ordinance that prohibits “a canal or channel (to) be excavated for the purpose of increasing the waterfrontage.”

Stay tuned! And thank you for your continued support of our efforts to stop NorthShore’s proposed marina.