Judge Overturns Township’s Ban on Cemeteries

Brooks Township in Michigan ran afoul of the state constitution when it instituted a blanket cemetery ban with the intent to block a green cemetery.

2 minute read

August 27, 2024, 7:00 AM PDT

By Mary Hammon @marykhammon


Photos of modest gravesites surrounded by a lush, green forest.

According to Better Place Forests, green cemeteries or conservation burial grounds seek to improve and preserve land and forests while also offering low-impact burial spaces. | Neils / Adobe Stock

A Michigan judge has ruled a township ordinance that banned all new cemeteries is unconstitutional, reports an article from regional news outlet Wood News 8. Brooks Township (pop. 3,500) instituted a ban on new cemeteries in June 2023, after Peter and Annica Quakenbush bought land with plans to start a green cemetery business the year prior. The couple says they were actively seeking a special land use permit when the township passed the new ordinance, which led them to sue, alleging the ordinance specifically targeted their business in violation of the state constitution.

At a August 15 hearing on the township’s motion to dismiss the case, the Newaygo County Circuit Court judge instead said he was going to rule the new cemetery ban unconstitutional, according to News 8 reporter Rachel Van Gilder. A Brooks Township supervisor told the news outlet that the township intends to appeal.

At the heart of the lawsuit is a 20-acre property that the owners intend to turn into a green conservation burial ground, “where bodies would not be embalmed and would be buried in biodegradable caskets and clothing.” Township officials say the township’s main concern is nearby residential wells, which the property owners have not addressed. “Annica Quakenbush previously said the health department found the site is far enough from water for burials to be safe, but Nelson countered in his email to News 8 that there has not been a study conducted on how the cemetery could affect the watershed,” according to the News 8 article. While environmental concerns are a valid reason to reject an application, a statement from the Institute for Justice says the township ran afoul of the state constitution when it passed a blanket ban on all new cemeteries with the intent of blocking a specific project. The action violated the property owners’ state-granted right to open a business that does not harm the public.

Thursday, August 15, 2024 in Wood News 8

Young Professional

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban and Environmental Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

September 16, 2026 - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

A cluster of wind turbines beneath a stormy sky, above a forest where the leaves are beginning to change colors.

5 New England states march closer to 800 megawatt wind energy project

Securing federal approval for the project may be complicated under the Trump administration, which has historically been hostile towards domestic wind power.

September 16 - Inside Climate News

People boarding a bus on Maryland's Orange Route.

Baltimore to break ground on $50 million Transit Priority Project

The project will bring faster bus trips, safer streets and better bike connections to Baltimore.

September 16 - Mass Transit

A brick building with a circular sign with the Airbnb logo hanging off of it.

Airbnb launches $250 million 'last-dollar financing' housing accelerator, makes first investment in Austin

The company will put $6.4 million towards affordable housing development in Texas’ capital.

September 16 - Smart Cities Dive

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.