Judge Overturns Township’s Ban on Cemeteries

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.