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Concerned Citizens for Saugatuck Dunes State Park was founded in the fall of 2001 to work
for the preservation and expansion of Lower Michigan's most spectacular state park after
the City of Holland and Laketown Township each submitted separate plans to the Michigan DNR
to use the park for a water treatment plant. The DNR ultimately rejected the details of those
two plans but not the overall concept. Both Holland and Laketown Township continue to pursue
the state park and its environs as the most attractive location for a water treatment plant.
Concerned Citizens does not believe that a water plant can be built in or next to Saugatuck
Dunes State Park or maintained there without causing permanent damage to the park. Please
browse this web site to learn more about the park, the threats to it, and what you can do
to help.
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June 6, 2008
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Upcoming Events
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August 26, 2008 - McClendon to Reveal Denison North Development Intentions
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Aubrey McClendon's Saugatuck LLC development company will present a first draft of his
intentions for the Denison North property to the Saugatuck Township Planning Commission.
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Check our Calendar page for details.
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May 20, 2008
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Denison Preservationists Completely Dysfunctional
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According to Aubrey McClendon, the Oklahoma billionaire who coldly outbid numerous
state and local organizations seeking to purchase the Denison property for preservation,
those organizations and their members are "completely dysfunctional." McClendon was
quoted in a glowing article in the May issue of Fortune magazine, "Meet Mr. Gas."
The Fortune article went on to proclaim that McClendon had "snatched (the Denison
property) away from local groups that had been trying to preserve it for decades". There
was also praise for some of McClendon's contributions to right-wing political groups,
among them Swift Boat Veterans for Truth, apparently founded exclusively to smear John
Kerry in his 2004 presidential campaign (and quickly revealed to be less than entirely
credible), and Americans United to Preserve Marriage, an organization primarily focused
on illegalizing gay marriage.
In an interview with the Local Observer, David Swan, President of the
Saugatuck Dunes
Coastal Alliance and Co-chair of CCSDSP, said "I read it as a real insult to the
state agencies who have been working for 30 years. I see it as a direct insult to
(State Senator) Patricia Birkholz, who has made her political career out of being a
conservation-minded Republican in Michigan. I see it as a direct insult to (Former
Michigan Governor) William Milliken, who specifically addressed the McClendons in doing
the right thing in allowing us to protect and preserve the dunes."
In the same Observer article Saugatuck Council Member Catherine Simon said "When you say
'snatched up' you make it sound like it was taken away from the people. It was
sold from one private individual to another private individual while a citizen group was
concerned in trying to acquire it."
We would have to agree with Catherine's assessment of the use of the term "snatched",
while reminding her it was McClendon's breathless admirers who used it in this
context.
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May 5, 2008
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Holland BPW - Laketown Township Water Agreement. More Trouble?
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A brief editorial in the Holland Sentinel's May 4th edition revealed that Holland has
agreed to increase the volume of water supplied to Laketown Township by 50% in return
for Laketown's support for a new water treatment plant to be built by Holland in the
township.
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While the city owns a 23 acre parcel in the dunes of the Lake Michigan shore, adjacent to
the North boundary of the park, they have not previously shown a serious interest in
attempting to construct a water treatment facility at that location. They have instead
consistently pursued a location in the Saugatuck Dunes State Park, taking various approaches
to that end. Indeed, it has been suggested that Holland's parcel is not buildable, due
to its status a protected critical dunes, and that Holland purchased it only to be
eventually used as a bargaining chip to attain land within park.
The water agreement has not as yet been ratified by the two municipalities, but the
announcement serves as a heads-up that threats to the park from this quarter are not
dead, but merely dormant. It will be important to remain vigilant in the coming months
and years.
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January 2, 2008
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McClendon Requests Settlement Agreement Be Tabled
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Saugatuck Township Board's Wednesday meeting, once again held at the Saugatuck High
School to accommodate another anticipated standing-room-only crowd and TV cameras, kicked
off with a surprise request by Aubrey McClendon, new owner of the Denison property, to
table his proposed settlement agreement with the township.
In the highly contentious agreement McClendon's Saugatuck LLC offered to drop various
lawsuits pending against the township in return for rolling back, for one year, the current
R-4 zoning of the property to the much less restrictive R-1, 2, and 3B zoning in place prior
to the purchase. Many felt the agreement was sprung on the public with far too short of notice,
just hours prior to the Board's December 5th meeting where it was to be voted on. An alarmed
crowd packed the township hall and forced the board to table consideration of the agreement
and schedule the subsequent December 19th special session, where action on the proposal was
once again tabled amidst impassioned pleas from a full house, with more packed in the
doors from the hall.
Clearly everyone expected another emotional evening of trying to convince the Board to vote
down the agreement. Instead, Saugatuck LLC attorney James Bruinsma read a
statement from McClendon
requesting the Board table further action on the agreement. "Saugatuck LLC has
listened to the concerns of the Saugatuck community voiced in recent township meetings and
in the many letters to the press," he read. "Responding to those concerns, we have asked the
township to table its vote on the proposed settlement agreement, for later consideration in
connection with our PUD application." The statement also said Saugatuck LLC would 'stay'
the 2007 real estate tax tribunal cases for a period of one year.
Reactions from the crowd ranged from relief to misgivings.
David Swan, president of the
Saugatuck Dunes Coastal Alliance,
which has worked intensively for preservation of the Denison property, said "The McClendons
are visionaries and great philanthropists. We are all neighbors in this." Swan expressed his
hope the McClendons would now act in a manner sensitive to the well established goals of the local
communities as expressed in our
Tri-Community Comprehensive Plan
(9.8MB) which forms the basis for the long sought R-4 zoning of the Denison property.
Phil Miller, Co-Chair of Saugatuck Save Our Shoreline,
the organization most actively involved in the attempted purchase and preservation of the
Denison property, was pleased with the news but said "we are involved in a marathon, not a
sprint." He added "If they agree to keep the South (half of the Denison property) completely
undeveloped and keep homes fewer than 80 on the North, we're willing to keep open minds."
State Representative Patricia Birkholz, who was instrumental in the creation of Saugatuck Dunes
State Park and has worked for years to add the Denison property to the park, presented a less
cheery view. She read a letter from Paul McEnroe, one-third owner of the 80-acre Riverside
Farm adjacent to the Denison land. McEnroe said that Saugatuck LLC has issued ultimatums and
used raw power plays that "are an affront to this community's sensibilities." McEnroe's letter
then addressed the township trustees and asked, did you, as elected officials "listen to our
community's conscience about doing business with a developer who issues ultimatums to families,
threatens lawsuits and repeatedly fails to describe its goals that could very well transform
our community into something ordinary?"
Other views expressed by the public during the comment period included "They are threatening to
sue us, yet they say we should trust them," and "Mr. McClendon is playing a game. I would be very
skeptical of trusting him."
A number of people suggested that McClendon had backed away from a threat he realized he did not
have adequate legal standing to press home and that responding to this "change of heart" was simply
facilitating him. They felt the township should meet Saugatuck LLC head on and vote to reject
the proposed agreement.
Mike O'Brien, ex truck stop developer turned organic meat farmer asked "Why would you come to an
area out of love and threaten lawsuits?" He urged the council not to table but to "vote the
agreement down."
Marcia Perry, President of Laketown Alliance for Neighborly Development, told the board "We will
help you stand up to the deep pockets you are seeing." Kate McPolin and Dave Burdick, members of
the City of Saugatuck and Douglas planning commissions, respectively, offered to donate their
commission stipends toward township attorney fees.
Ultimately, the board voted 5-0 to comply with McClendon's request and table the action.
Township attorney Bultje reminded the board that McClendon's agreement to stay the tax case
doesn't mean he's withdrawing it. "They could come back and challenge 2007 and ’08
assessments in May 2009," he said.
Is this yet another impasse, progress, or a step back?
The board tabling action basically means McClendon may now present a planned unit development
that does not conform with R-4 zoning which the township would review "in good faith", per
their September 2006 agreement with McClendon. Meanwhile, in what has the potential to be a
"divide and conquer" strategy, McClendon has offered to lease the South Denison to the City
of Saugatuck at no cost.
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December 19, 2007
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Saugatuck Township Public Meeting - McClendon Consent Agreement
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The Saugatuck Township Board was host to a packed room of some 360 people at the Saugatuck high
school Wednesday evening, December 19th. The special meeting was held to allow public comment on
an agreement offered by Saugatuck LLC, the new owner of the Denison property, to drop various
lawsuits pending against the township in return for rolling back, for one year, the current R-4
rezoning of the property to that in place prior to the purchase. Saugatuck LLC is a corporation
formed to purchase and develop the Denison land and solely held by Oklahoma billionaire Aubrey
McClendon.
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"Pushed" may be a better word than "offered", according to many area residents who view consideration of
the agreement thus far as having been something of a back room deal. They feel it was not made properly
available for public review but, rather, announced very late in the negotiations with only a brief period
for comment prior to being acted on. Hence the full house attendance despite the larger venue.
In 2005 the township rezoned the Denison property from R-1, 2, and 3B zoning which allows relatively high
density development, one single family dwelling every 1.25 acres, to the long sought more restrictive R-4
zoning which requires five acres per single family dwelling. This reduced the maximum number of residences
that could be built on the property from something approaching 300 to around 80.
Saugatuck LLC contends it was not properly informed of the rezoning. It claims the change occurred
after it was committed to a 2004 agreement to buy the interest of the Franklin Denison Estate, although
prior to the actual sale. The estate held a 50% interest in the Denison property with the balance held by
the Gertrude Denison Trust which the corporation subsequently purchased in 2005. McClendon now claims the
value of his investment, some $38.5 million, was significantly negatively impacted by the R-4 zoning, and
he has filed a number of related lawsuits.
For the first half hour or so of the meeting the crowd heard brief presentations from representatives of
various environmental and conservation organizations, lead by Dayle Harrison, President of the Kalamazoo
River Protection Association. "The R-4 zoning is consistent with the Tri-Community Plan worked on for more
than 15 years," said Harrison. "I urge the board to stand up for the R-4 zoning."
David Swan, president of the
Saugatuck Dunes Coastal Alliance
and co-chair of Concerned Citizens, spoke next. "The Tri-Community Plan is a splendid agreement. We should
stand by it," Swan said. He observed that a large percentage of the community was unable to attend the
meeting due to being out of the area for the winter and the Holidays. "Think of the crowds we’d have if
this meeting were held in July, when it should have been," he said, referring to closed door negotiations
taking place at that time.
The crowd then heard from a number of attorneys who have offered their services pro bono to the township
in defense of the various lawsuits filed against it by Saugatuck LLC. They briefly addressed some of the
issues in those suits. Their consensus was the actions have no merit and can be defended, and that signing
the agreement potentially constitutes an admission of improper procedure and can only hurt later in court.
Saugatuck Dunes Coastal Alliance attorney Scott Howard summed up their views. "Your zoning was right when
you enacted it and it still is," he said. "Stand up for it. It’s clear from the people here this community
has your back." He was met with resounding applause and a standing ovation.
Though the speakers were diverse, the message to the board was consistent. These suits are defensible.
McClendon is attempting to sidestep correct procedure by making what should be an appeal through the proper
township channels a legal confrontation. Do not cave in to his threats and sign this agreement. Stand
firm on the R-4 zoning.
McClendon's legal representative, Steven Neumer, had the unenviable task of presenting the countering
view. He briefly recapped the basic complaints of not having been notified of the R-4 rezoning and the taxes
being too high as a result of the lost value. He suggested, also, that any thoughts of donating portions of
the property to conservation organizations are now less attractive due to the lower density zoning conferring
a reduced tax benefit.
Neumer explained Saugatuck LLC's claim that the property's tax assessment is unfairly based on the
purchase price (huh?). McClendon now views this as having been too high due to the R-4 zoning. What Neumer
did not divulge is why that price was offered and paid with R-4 rezoning being openly considered and discussed
during the entire period of the purchase negotiations. Indeed, R-4 zoning had been actively sought by the
township and various organizations for many years prior to McClendon's interest in the property and is
not disputed to have been in place at the time of the sale.
Neumer declared that McClendon has a deep appreciation for the Denison property, despite it being unclear if
he has ever actually stepped foot on any part of it. Additionally, Neumer asserted it is McClendon's
intent to respect the unique nature of the property and its value to the community, provided that does not
interfere with a good solid profit on his investment. He stated that neither Saugatuck LLC nor himself wished
to be involved in an adversarial relationship and litigation, although they had brought suit against
the township. He stressed the agreement was designed solely to allow everyone a cooling off period. He
reassured the audience there would be fewer homes on the property than anyone imagines, that "it will look
like Saugatuck and it will feel like Saugatuck."
Well, it's unclear if he meant this to be taken literally but, frankly, that's exactly what everybody
is afraid of. A bunch of Saugatuck style houses where there should only be dunes and beach grass.
Neumer, understandably, did not mention that McClendon, with full knowledge and calculated intent, outbid a
number of conservation organizations which had collectively offered around $37.5 million for the property,
a purchase which would have culminated decades of planning and years of active attempts to add the Denison
property to the adjacent Saugatuck Dunes State Park. Interestingly, the offer of $37.5 million was established,
according to Phil Miller, chair of
Saugatuck SOS and chief negotiator
in the purchase attempt, by the involvement of state grants which prohibited offering more than the assessed
value. Ergo, the state felt the property's value was around $37.5 million at that time.
Another lawyer, representing one of Frank and Gertrude's sons, Kenelm, read a letter from him hoping to
clarify that, while Frank loved his property and held development there to a minimum during his lifetime,
it was never his intent to see it donated to a conservancy. Further, he said the trusts were legally bound
to secure the highest value from the property, although one wonders what the total cost of taxes, maintenance,
and other expenses amounted to across the multi-year negotiation period, with the property finally selling
for only 1 million more than the conservationists had offered much earlier in the process, not quite a 3%
difference.
Kenelm was also concerned that his acquiring a chunk of his father's land as a part of the deal with
McClendon, the details of which are still quite murky, might lead the less charitable to suspect some dubious
involvement on his part. Not the case, he insisted. However, not many years prior to McClendon's purchase,
Kenelm, who had built the only structure to mar the pristine coast for miles, lost that section of the
property in a protracted legal battle with his father. It's possible his dramatic reverse in fortune
would lead some to question if he truly played no role in the estate's and trust's decision's to
sell to McClendon.
At this point the meeting was opened to public comment which was energetic and lasted around two hours.
Nearly 30 people were allowed to speak and, clearly, many more would have liked to if time allowed. Of that
total only four did not urge the board to stand firm on the R-4 zoning.
Among those speaking was Frank Lynn of Grand Rapids who explained in impassioned tones that he and his wife
often drive to Saugatuck to walk in the Saugatuck Dunes State Park. He said they choose Saugatuck because of
the development on the Grand Haven and Muskegon lakeshore. Would he continue to come to Saugatuck if
development took place on the Denison property? He didn't think so. It would have lost the quality
they sought, and he felt there were many others like him. "What are McClendon’s motives?," he asked,
"Doesn’t he have enough money?"
One woman who lives near the Denison land asked, if McClendon's intentions are so modest why is he approaching
all the land holders adjacent to the property and offering to buy them out, often quite forcefully. He has made
overtures to owners of large parcels like the Deams, the Presbyterian Camp, Pine Trails, and Starring's
dune rides. She said she thinks he has something in mind much larger than any of us has considered.
A number of people asked why the roll back to the previous zoning is so important to McClendon if all he wants
is a cooling off period and an opportunity to present the plans his attorney assures us will be very acceptable.
Why, then, not simply present them, complete with exactly how much land will be donated or set aside for
conservation?
State Senator Patricia Birkholz also took the microphone during the public comment period. "This property
is unique and very sensitive," she said. "Through the generosity of the former owner, we have felt the land
home," musing about long walks there in years past. "It defines us," she said, then cautioned, "Changing
the zoning would change the essence of this property." She concluded, ardently, "I urge you not to cave.
I urge you not to cave!"
After the public was heard, township attorney Ron Bultje presented his legal interpretation of the proposed
agreement. "I’m glad Mr. Neumer is here," he began, "so I’m not the least-popular person in the room." After
some good natured laughter, he explained his reasons for believing the township would lose no legal standing
in the agreement and that it would defer or possibly eliminate the need for expensive legal action. "I
recommend you enter into this agreement," he said to the board. "It poses no risk."
This last statement brought quite an outburst from the gathering, some briefly coming to their feet. The board
admonished them to be silent because the public comment period was over, but many argued that a particular
audience member should be allowed to speak because they felt he had an important point. The board relented.
Having briefly been given the floor, this man observed there is nothing in the agreement that precludes
Saugatuck LLC from selling the land during the one year period, in which case the purchase would occur legally
under the higher density zoning and the new owner would have a legitimate complaint regarding loss of the
value of his investment, unlike McClendon.
This argument appeared not to have been previously entertained because it seemed to cause a moment of
consternation among the board and Bultje. In the end, though, Bultje stood by his advice.
After hours of impassioned pleas the meeting came to a rather sudden and anti-climatic close when the board
voted, 4-1, to table the issue until it's next meeting, January 2.
Stay tuned...
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See Also...
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Be sure to check out the updates, reports, media coverage and more that we have
archived on our Resources &
Reference
page. Here are a few of the more recent entries.
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Last updated June 23, 2008
Comments
regarding website design, errors, and maintenance only please.
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