Saugatuck residents, conservation, historical and civic organizations are declaring victory after Chief Judge Paul Maloney of the U.S. District Court for the Western District of Michigan declared illegal a proposed consent decree between developer Aubrey McClendon’s Singapore Dunes L.L.C. and the Saugatuck Township Board that would have allowed the developer to build a hotel, marina and condominiums on duneland on the shore of Lake Michigan.
The development is contrary to Saugatuck Township’s current zoning laws. McClendon sued Saugatuck Township over the zoning laws in federal court. On November 1st, the Court ruled that the proposed consent decree violated state law because it would have prevented the Township Board from ever modifying the zoning of McClendon’s property and created a remedy that exceeded the procedural harms alleged by the developer.
The Court’s decision holds that the proposed consent decree is illegal and “impermissibly ties the hands of future township boards.” The Township and McClendon can renegotiate, but any new settlement cannot sign away the ability of future Township Boards to zone and protect land within the community.
“Judge Maloney’s decision helps restore faith in the fairness of ‘the system’,” said Marcia Perry, Vice President of the Saugatuck Dunes Coastal Alliance (SDCA). “The hundreds of people who protested this unfair proposed consent agreement are justified by the Judge’s ruling.”
“This is a huge victory for the Saugatuck people and businesses who care about protecting our ‘pure Michigan’ landscape,” said SDCA President David Swan. “The Court’s decision affirms that the rule of law can trump the influence of a billionaire’s money and political clout.”
“As a resident of Saugatuck Township for over 35 years, I’m pleased to see that the Court has upheld our Township’s authority to make land use decisions,” said Sandra Randolph, Saugatuck Township resident and business owner. “I hope this will lead to a fair process that will better serve our community going forward.”
“The National Trust for Historic Preservation is delighted that Judge Maloney’s action has given the community another chance to protect the historic character and pristine natural beauty of the Saugatuck Dunes coastal area,” said Stephanie Meeks, president of the National Trust for Historic Preservation. “We also applaud the Court’s decision to require a public hearing prior to its review of any future consent decree incorporating development proposals for this fragile area. We continue to believe that over-scaled development would inflict irreparable harm on the Saugatuck Dunes coastal area and we will continue to work to encourage local community officials and the developer to find a solution that protects this unique and historic place.”
“The Court decided that the local government’s and Saugatuck communities’ authority to make land use and planning decisions can’t be bartered away,” said Howard Learner, Executive Director of the Environmental Law & Policy Center and lead counsel for the Saugatuck Dunes Coastal Alliance. “This is an important legal precedent for smart land use in the Saugatuck communities and across Western Michigan.”
Read more in the Holland Sentinel.
Read more on ELPC’s Saugatuck Dunes page.