Judge Dramatically Narrows SLAPP Lawsuit Against Coastal Alliance and David Swan

Court believes case could reasonably be dismissed in its entirety, but allows NorthShore one final opportunity to amend its Complaint

Allegan County Circuit Court Judge Matthew Antkoviak significantly narrowed the scope of NorthShore of Saugatuck’s SLAPP (Strategic Lawsuit Against Public Participation) lawsuit against the Saugatuck Dunes Coastal Alliance and Board President David Swan. In a June 26, 2025, interim ruling, the court dismissed all claims related to alleged activity occurring before June 25, 2021 because they fall outside the three-year statute limitations.

The Coastal Alliance’s motion for summary disposition also argued that the conduct NorthShore complains of is not actionable because the Noerr-Pennington doctrine protects peoples’ First Amendment right to petition the government. The Court allowed the developer a final opportunity to amend their complaint against the Coastal Alliance and Swan: “Plaintiff is directed that the Second Amended Complaint shall state with specificity 1) the date on which the statement or statements of the Defendants were made (with an understanding that a statement made before June 25, 2021 shall not be the basis for a claim; 2) identify specifically which statement or statements of the Defendants constitute perjured testimony or otherwise implicate the ‘sham’ exception to the Noerr-Pennington doctrine; and 3) state with specificity how the aforementioned statements of the Defendants resulted in the harm alleged in the subject lawsuit.”

The interim order notes that “while the Court believes this case could reasonably be dismissed in its entirety, the Court finds the equities favor allowing the Plaintiff one final opportunity to amend its complaint”.

NorthShore has 28 days to file a Second Amended Complaint that complies with the Court’s order.

“Both the facts and the law are on the side of the Coastal Alliance,” said Coastal Alliance Board Chair Bobbie Gaunt. “We will continue to vigorously defend the Alliance and David Swan.”