Judge Denies Township Motion, Sends Standing Decision Back to ZBA

Allegan County Circuit Court Judge Antkoviak issued his written order last week partially denying the motion filed by Saugatuck Township and argued before the judge on December 11, 2023. In its motion, the Township sought relief from the April 2023 order that directed the Township Zoning Board of Appeals (ZBA) to determine whether the Coastal Alliance meets the new standing criteria detailed by the Michigan Supreme Court in its July 2022 order. Judge Antkoviak’s written order mirrors his comments during the December 11, 2023 hearing. See our December newsletter for more details and background.

Judge Antkoviak upheld the prior ruling that the ZBA may consider additional material evidence that, for good reason, was not presented in 2018 when the Township ZBA denied the Coastal Alliance standing to sue the Township to stop the marina. Attorneys from the Township’s insurance company and NorthShore had sought to exclude new evidence.

Finally, the order determined that the documents, including those offered by the Coastal Alliance and NorthShore, as well as additional reports related to the impact of the proposed marina on the dune areas and Coastal Alliance members that were submitted by the Coastal Alliance’s attorney and referenced by Judge Antkoviak’s predecessor at the April 24, 2023, hearing, constituted “additional material evidence” for consideration.

We expect that the ZBA will schedule public hearings in the coming weeks to determine any further additional evidence to consider as it determines whether the Coastal Alliance meets the new criteria for standing. Stay tuned!

Thank you for your continued support.

The Coastal Alliance Board of Directors