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.
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.
FULL STORY: Judge finds cemetery ban unconstitutional, advocates say
Seattle Legalizes Co-Living
A new state law requires all Washington cities to allow co-living facilities in areas zoned for multifamily housing.
Central Florida’s SunRail Plans Major Expansion
The expanded train line will connect more destinations to the international airport and other important destinations.
Las Vegas Golf Course to Become Over 1,000 Units of Affordable Housing
The project is part of an initiative to build affordable housing on shuttered golf courses.
Parked Cars Hamper NYC Trash Containerization Effort
Sanitation workers must manually collect bags from containers blocked by parked cars, slowing a process that is meant to be safer and more efficient.
Cities and States Taking Action to Limit Rent-Setting AI
Federal prosecutors are charging a software company with using algorithms to artificially inflate rents.
BART to Raise Fares in January
The transit agency says it needs more state and federal support to meet its operating costs and avoid a growing budget gap.
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.
Los Alamos County
City of Culver City
Skagit Transit
American Planning Association, Sustainable Communities Division
HUDs Office of Policy Development and Research
HUDs Office of Policy Development and Research
City of Cambridge, Maryland
Newport County Development Council: Connect Greater Newport
Rockdale County Board of Commissioners