NEWAYGO COUNTY, Mich. (Michigan News Source) – A West Michigan couple, Peter and Annica Quakenbush, recently won a significant legal battle in their quest to open a green cemetery in Newaygo County.
This victory is one step in what will most likely continue to be a long and challenging road as they face opposition from Brooks Township, which has placed an outright ban on new cemeteries, including green conservation burial grounds.
A recent court ruling by the Newaygo Co. Circuit Court in favor of the Quakenbushes marks a potential turning point in their pursuit of an environmentally sustainable final resting place, but the battle is far from over.
Six feet under legal wrangling.
The dispute began when the Quakenbushes, who have been working on their green cemetery project for years, sought to establish the “West Michigan Burial Forest” in Brooks Township. Their vision was to provide an affordable, natural alternative to traditional burials, where bodies are interred without embalming in biodegradable caskets which is allowed under Michigan law.
The township, however, had buried the hopes of the couple under concerns about potential contamination of local water sources, particularly the nearby Newaygo city well.
“Our concern has always been with the possible contamination or lack of data regarding the water wells in the immediate area,” Brooks Township Supervisor Cory Nelson told News Channel 3, pointing out that individuals buried may have gone through cancer radiation or chemotherapy, taken medicines or have metal joints or other items that could pose a threat to the Muskegon River’s watersheds and the surrounding ponds.
Despite these concerns, the Quakenbushes maintained that their cemetery would adhere to strict environmental standards and posed no threat to public health.
In response to the Quakenbushes’ proposal, Brooks Township passed an ordinance effectively banning all new cemeteries within its borders. The ordinance was so broad that it not only halted the Quakenbushes’ plans but also prohibited any future cemetery development in the township, green or otherwise. This sweeping measure led the Quakenbushes to file a lawsuit, arguing that the ban violated their constitutional rights.
Resurrecting rights in court.
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The Newaygo County Circuit Court recently denied Brooks Township’s motion to dismiss the lawsuit and also ruled that the township’s blanket ban on cemeteries was unconstitutional. This decision has resurrected the Quakenbushes’ hopes of establishing their green cemetery and has been hailed as a victory for both property rights and environmental sustainability.
“The township can’t just ban a necessity of life like a cemetery,” said the Quakenbushes’ attorney, Katrin Marquez. “People won’t stop dying just because the township doesn’t want them buried there. Peter and Annica have a constitutional right to use their property to operate a safe, productive, and needed business.”
Township to appeal ruling.
The court’s decision represents a significant win for the couple, but the fight is not over. Brooks Township has vowed to appeal the ruling, asserting its duty to protect the community’s water supply and rural character. “We will put thought and care into the protection of our citizens rights to clean water,” Nelson said. “Everything we do legislatively is done to protect the rural integrity of the Master Plan for the citizens of Brooks Township. Make no mistake we will fight for what we as elected officials believe to be right. It is our duty and taken very seriously when surrounding neighbors call on us for help.”
The final resting place or just the beginning?
As the legal battle continues, the Quakenbushes remain optimistic yet cautious. Their victory in court is a crucial step, but the future of the West Michigan Burial Forest is still uncertain. With the township’s appeal looming, the case could be dragged out for months, if not years, before a final resolution is reached. For now, the Quakenbushes’ dream of offering an eco-friendly burial option remains alive, even as they continue to navigate the legal challenges that threaten to bury their plans.
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