BROOKS TOWNSHIP, Mich. — A Grand Rapids couple who hoped to open a new cemetery in Newaygo County won a major victory in court over the local township board.
Peter and Annica Quakenbush sued Brooks Township in January over a a ban on new cemeteries in the township. The couple says they'd been working for months to start a green burial forest along 72nd Street, but late in the process the township decided to pass a ban on new cemeteries.
Attorneys for the Quakenbushes say a Newaygo County Circuit Court judge not only denied a motion by the township board to dismiss the lawsuit, but ruled the township's ordinance is unconstitutional.
A written record of the ruling was not immediately available.
“We’re excited and feel vindicated by this ruling,” said Peter and Annica Quakenbush. “We are delighted that the judge understood that Brooks Township’s ordinance violated our right to use our property and operate our cemetery.”
The couple purchased about 20 acres three years ago. They hope to open the cemetery soon.
Nearly 250 people had reserved a burial plot even while the ban was in place.
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