Township cites water worries in fight over green cemetery

BROOKS TOWNSHIP, Mich. (WOOD) — The state’s first green conservation cemetery is one step closer to breaking ground after a Newaygo judge found a local ordinance unconstitutional.

“We had put a police power ordinance in place to ban cemeteries, basically in lieu of the lack of information with green cemeteries. The (township) board did it out of the interest of our citizens, especially clean water in mind,” Brooks Township Supervisor Cory Nelson said. “And the judge threw it out.”

Peter and Annica Quakenbush bought a 20-acre plot of land off East 72nd Street near Spruce Avenue in Brooks Township, east of Newaygo, about two years ago with the goal of launching the green conservation cemetery. They sued township after it passed an ordinance in June 2023 that banned the creation of any new cemeteries. On Thursday, a judge agreed with the Quakenbushes that the ordinance was unconstitutional. A written order to that effect is pending.

Nelson said it’s back the drawing board for the township. He insisted that the township is concerned about water quality and possible pollution caused by the proposed burial site.

In a green burial, a body is not embalmed and is buried in a casket or shroud that is biodegradable, rather than inside a metal vault. The goal of a conservational cemetery is to protect the land and keep it natural.

“The soil is a great big giant filter. And so these induvial burials that are low density, they’re surrounded by large amounts of soil. And that it’s very good at filtering out organic materials,” Peter Quakenbush said.

According to District Health Department #10 , which serves Newaygo County, water samplings aren’t required for proposed cemeteries. Instead, health officials check to see if there is at least 6 feet of unsaturated soil through soil samplings, that the potential grave sites are at least 75 feet away from surface drinking water and that the site doesn’t fall within the 100-year flood plain.

In February 2023, Environmental Health Sanitarian John Ringler sent a letter to the Quakenbushes, saying the proposed cemetery had been approved based on review of materials and soil evaluations.

But Nelson told News 8 that the department overstepped.

“There was no (water) study. I specifically asked the District Health Department to walk that letter back,” Nelson said. “It’s not their authority to approve a cemetery; however, Mr. Ringler wrote a letter to the Quakenbushes and said, ‘Your cemetery is approved.’ He does not have that authority or have that right.”

Now that a Newaygo judge has sided with the Quakenbushes, they say they will focus on securing a special use permit for their land, which is currently zoned for residential use.

“Institutions were allowed to operate in these zones with a special use permit. So we’re hoping that is what we’ll be able to proceed with,” Peter Quakenbush said.

He added that their site plan includes adding a loop driveway with additional parking.

Quakenbush said the project still has a long way to go and they are more than willing to run additional tests to put people’s fears at ease.

“I would be totally willing to undergo any tests that are wanted or required or necessary. I want the people around to know that this isn’t something that needs to be feared,” he said.

Nelson said the township intends to appeal the judge’s decision.

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