BROOKS TOWNSHIP, Mich. — A family in Newaygo County is suing officials with Brooks Township in an effort to move forward with opening a "green burial" cemetery on a plot of land they own.
Peter and Annica Quakenbush, young parents from the Grand Rapids area, purchased the 20 acre section of land on East 72nd Street about two years ago.
They had been searching for the perfect property to begin developing what would become West Michigan Burial Forest and Preserve.
The goal is to make the forest into a "green burial" cemetery— where remains are interred without being chemically embalmed.
Remains are not placed within cement vaults— all caskets, shrouds or urns used must be produced using biodegradable materials. Caskets cannot contain any metal hardware.
"Nothing toxic is used in the process. Natural materials are used exclusively," a write up on their website reads.
"Everything buried is naturally recycled."
Peter arrived at the idea of creating this type of cemetery while working in his previous role in wildlife management.
The couple has spent years developing an initial business plan, and finding the ideal piece of land.
They were able to acquire the former logging property on East 72nd for just over $100,000.
“It's primarily White Oak and White Pine, which is what the property originally was before it was logged,” Annica told FOX 17 this week.
“There are a lot of large trees on the property that have been here a long time.”
The pair say they first approached the Brooks Township Zoning Administration in February 2022, inquiring about what steps they would need to take in order to get the special land use permit needed to open the cemetery.
Peter says they were told to develop a site plan, provide any permits received from the state, and to develop an agreement with a land conservation group that would ensure prolonged upkeep of the cemetery, if ownership eventually changes hands down the line.
"Essentially, they [land conservation group] can come every year and make sure that the conservation values are being protected," Peter explained.
A site plan with 26 parking spaces was developed, and relationships were actively being formed.
Then, in June 2023, the pair received a letter from a Brooks Township attorney saying in part, "should you attempt to proceed with the green cemetery or burial forest, Brooks Township will take appropriate legal action. Township officials hope that will not be necessary."
“We had no idea that was coming," Peter recalled.
"We had the list of things to work on, and we were working on those.”
They would soon find out that the Township Board had passed an ordinance a few days earlier essentially making it illegal for them to proceed with their cemetery plans.
Township Ordinance 2023-100 says "no person shall construct, create, or promote any cemetery within Brooks Township."
FOX 17 was able to connect with Township Supervisor Cory Nelson, who said he was not able to say much at this point in time.
"As this is a current suit I cannot comment at this time," Nelson said.
"I do however have a lot to say on behalf of the citizens of Brooks Township. As soon as I can the media will be informed."
While the Quakenbushes are not allowed to sell space at the burial forest at this point in time, they did launch an online 'wait list' for anyone who wants to be buried on site.
So far, they have about 245 people on the list.
“And actually, we got an email from an organization that Annica had reached out to called the Institute for Justice," Peter explained.
"They were very interested in our case for property rights and constitutional reasons.”
With assistance from the nonprofit law firm the couple is suing the township, hoping to get what they feel would be a fair shot at the land use permit they need to move the project forward.
As Annica explained the importance of such a place from their perspective, "In such a moving and emotional experience as the death of a loved one or preparing for your own death, having those experiences in nature, connecting you to the natural world has the opportunity to make the world a better place."
You can learn more about what Peter and Annica are trying to do with the West Michigan Burial Forest at their website HERE.
