Newaygo County judge bows out of green burial lawsuit

WHITE CLOUD, Mich. (WOOD) — Oral arguments were postponed Monday in a case out of Newaygo County dealing with the creation of the state’s first conservation green cemetery.

The judge recused himself Monday from hearing Annica and Peter Quakenbush’s suit against Brooks Township. The West Michigan couple bought 20 acres of land off East 72nd Street near Newaygo two years ago. They had hoped to create the state’s first conservation burial ground, where bodies would not be embalmed and would be buried in biodegradable caskets and clothing.

“Think of it as a cemetery and nature reserve. And so that conservation burial ground, there is nothing like that in Michigan,” Peter Quakenbush said. “A portion of each plot sale goes to the perpetual care of the land.”

But as the couple worked with township officials to apply for a special land use permit, they said they were blindsided by the passage of an ordinance that banned all future cemeteries in the township.

“About the time we were ready to go back to them and say, ‘Here, we have this official relationship with land conservancy,’ we got the news saying that cemeteries are banned,” Quakenbush said.

The ordinance states it is meant to “protect the public health, safety and general welfare” of locals and visitors.

“The health department had already come out and said (the site is) far enough away from wells and water sources, this is a safe place for burials to happen,” Annica Quakenbush said.

Court documents claim the ordinance specifically targeted the couple’s future business and violated the state’s constitution.

Township Supervisor Cory Nelson told News 8 in an email Monday that he could not comment on the active legal matter.

“There is alot to say about this particular circumstance, but it will have to wait,” he wrote.

The Quakenbushes are frustrated with how long things are taking, especially as they say hundreds of people continue to reach out to them expressing interests in future green burials.

“The gravity of the timing — this is something that people want and some of the folks on our waitlist don’t have time,” she said. “This was (their) hope. This was (their) plan. This is what we (they were) longing for and clearly, we’re not able to accommodate their burial.”

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