ARLINGTON, Va.—After losing a lawsuit brought by local Michigan residents Peter and Annica Quakenbush to exercise their constitutional right to open a business, Brooks Township has found a new way to disenfranchise the couple through a newly adopted regulatory ordinance. The ordinance severely restricts the ability to construct new cemeteries, including green cemeteries, to the point where it is effectively a full ban. The ordinance has already been approved by the township but is currently set for further discussion by the Planning Commission on February 17. The Institute for Justice (IJ), who represented Peter and Annica in their lawsuit, are monitoring the situation and weighing options.
“This is a blatant attempt by the Township to rob Peter and Annica of their victory—to stop them from opening their dream business,” said IJ Attorney Katrin Marquez. “It’s the Township abusing their power to target Peter and Annica and get around the judge’s ruling.”
The new ordinance comes after years of work and months of litigation by Peter and Annica to open a green cemetery business in Brooks Township. The idea for the business had long been a dream for the couple.
“This new ordinance is just another thinly veiled attempt to ban any new cemeteries,” said Peter and Annica Quakenbush. “This despite the judge in our case saying banning all cemeteries was wrong. While this is disappointing, unfortunately it’s not surprising this is happening.
Peter, whose passion for nature led him to pursue a Ph.D. in biology, realized over ten years ago that green burial aligns with his and Annica’s personal philosophy of sustainability and closeness to nature. So, they decided to open a burial forest. And they found the perfect location in Brooks Township, Michigan. The property is high, dry, and covered in a native forest more than 100 years old—ideal for a burial forest and nature preserve.
But the township resisted. The township decided it didn’t want a green cemetery and moved to arbitrarily ban them. Because the ban was enacted specifically to stop the Quakenbushes’ plan, the ordinance’s definition of “cemetery” includes “green cemetery, conservation cemetery, burial forest or forest cemetery.” The law is also so broad as to ban not just Peter and Annica’s project, but all new cemeteries. The township took this drastic measure because the Quakenbushes had done everything above-board—presumably there were no other excuses to stop the cemetery.
So Peter and Annica teamed up with IJ to uphold their right under the Michigan Constitution to open a business that does not harm the public. They have been met with enthusiastic support from local residents, many of them showing up to testify in support before the Brooks Township board. They also have a growing waitlist of people who wish to use their services should they ever be allowed to open.
Founded in 1991, the Institute for Justice litigates nationwide to defend property rights, economic liberty, educational choice, and free speech. Recently, IJ launched the Zoning Justice Project, which aims to protect and promote the freedom to use property. IJ has successfully protected against arduous zoning rules in cases such as a North Carolina animal sanctuary’s right to operate in the face of arbitrary county regulations. In Fort Pierce, Florida, IJ helped defeat a zoning law that banned food trucks within 500 feet of an established restaurant.
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To arrange interviews on this subject, journalists may contact Phillip Suderman, IJ’s Communications Project Manager, at [email protected] or (850) 376-4110. More information on the case is available at: https://ij.org/case/michigan-green-burial/