NEWAYGO COUNTY, Mich. — "The people who are buried here, also, in a very real sense, become part of this place," said Peter Quakenbush as he walked through the property he purchased with his wife two years ago.
Peter and Annica Quakenbush purchased their 20 acres of land off 72nd Street in Brooks Township two years ago, with the goal of it becoming Michigan's first green cemetery, or burial forest.
"The idea is for it to be a forest forever, and one of the ways that we can help support that is by it to also be a cemetery," said Quakenbush.
He says in a green cemetery families can forgo embalming if they chose, burying bodies in biodegradable materials, supporting the natural environment with their burial.
Rather than bodies being buried six-feet deep, bodies would be buried at four-feet, which Quakenbush says is at a more biologically active space, and still provides a natural smell barrier that would not attract animals.
Families can plant native plants around grave sites, with natural stones brought to the area by glaciers also able to act as possible grave markers, along with trees as "living memorials."
"Immediately, we went to the township to figure out what they needed from us in order for us to do this," said Quakenbush, who went on to say the list given to them included creating a site plan, and having an official relationship with the land conservancy, which he says they began to establish.
Brooks township, however, passed ordinance No. 2023-100 in June banning the creation of cemeteries in the township, stating "Cemeteries are expressly prohibited and banned within Brooks Township. No person shall construct, create or promote any cemetery within Brooks Township. No cemetery shall be created or utilized within Brooks Township."
The ordinance sites protecting "the public health, safety and general welfare by prohibiting cemeteries."
Quakenbush also says that parking and water safety were concerns raised by community members at town meetings.
He says there are plans to have on-site parking within the property, and that the district health department confirmed to them that the property was a suitable location for a cemetery.
"We are above the water table, and we are far enough away from all wells for that to be a concern," said Quakenbush.
Peter and Annica are being represented by a non=profit, public interest law firm Institute for Justice, who says the ordinance violates the state's constitution.
"The Michigan Constitution doesn't allow a township to ban an otherwise safe and legitimate use of property," said Renee Flaherty, senior attorney at the Institute for Justice.
She says the goal is to have the ordinance struck down, so that other municipalities cannot ban "safe and legitimate uses of property."
Quakenbush says hundreds of people have joined a waitlist on their website, expressing interest in having themselves or their loves ones buried in their burial forest.
"It is really sad to see this growing and to hear from the people who desperately want this to be how they are buried," said Quaknebush, adding, "frequently getting comments and questions like, 'what's the timeline? How long do we have to wait? I don't necessarily have a long time to wait, I have late stage cancer,' so knowing that this is still going to be probably a long time yet is pretty sad, because it doesn't have to be."
13 ON YOUR SIDE contacted Brooks Township Supervisor Cory Nelson, who stated via email: "As I do have a lot to say on this matter, it will have to wait. It is an active suit and I cannot comment at this time."
Nelson also says that he will provide comment on the matter when he is able to.
Meanwhile, Quakenbush says he and his wife continue their hope of having Michigan's first burial forest in Brooks Township.
"It sounds new, but really, it's what we're doing is what humans have been doing as long as humans have been around. We're just simply burying the dead in the earth. In nature."