A Michigan couple filed a lawsuit against their local township after it passed an ordinance preventing them from opening a cemetery. This week, a judge ruled in favor of the couple, declaring the ordinance invalid in a victory for property rights.
As reported by Reason, Peter and Annica Quakenbush sought to establish a “green” cemetery, offering a natural and environmentally friendly burial option free of chemicals and metal coffins. They planned to create a conservation burial ground where burials would be done in biodegradable coverings and marked by natural landmarks, with the site remaining an undisturbed forest.
The couple purchased a 20-acre plot near Brooks Township and began the paperwork process. However, in June 2023, the township board passed an ordinance banning the establishment of all new cemeteries, citing concerns about land use and maintenance costs.
Despite the township’s concerns, the Quakenbushes had measures in place to address them, including obtaining a conservation easement and partnering with a land conservancy. Michigan state law also required private cemeteries to establish an endowment and perpetual care trust fund.
Despite the ban, nearly 250 people had reserved burial plots at the proposed cemetery. The Quakenbushes sued the township, alleging a violation of due process. After oral arguments, the judge not only dismissed the township’s motion but also declared the ordinance unconstitutional.
A written order is pending, but the Quakenbushes expressed their excitement and vindication over the ruling. The Green Burial Council also welcomed the decision, stating that the township’s fears about green burial practices were based on misinformation.
UPDATE: This article has been updated to include a statement from the Green Burial Council.
