Opinion | Zoning police won’t let cemetery dispute die in west Michigan

People who fight city hall face long odds. But Peter and Annica Quakenbush sued and won when local officials passed an ordinance blocking new cemeteries in Brooks Township, Michigan.

The measure had one purpose: Crush the couple’s dream of opening a green cemetery on their 20-acre retreat, creating a place where bodies could return to the earth naturally, surrounded by white oaks and pines on land permanently designated as a native conservation forest.

The targeted zoning did not sit well with the Newaygo County Circuit Court, which held in summer 2024 that banning all cemeteries — a basic human necessity — to stop one couple from using their land in a safe, lawful manner was unreasonable and unconstitutional.

This should have ended the dispute. But rather than accept defeat, regulators doubled down with a scheme to circumvent the ruling. A separate ordinance, adopted on Jan. 21, 2025, will stop the Quakenbushes once again from proceeding with their project. This time, instead of an explicit ban, the township will create the same effect by piling up pointless requirements like minimum acreage.

Gamesmanship like this occurs nationwide. When zoning officials lose, they sometimes cheat to get their way.

Mechanic Oz Sepulveda learned the hard way in Pasadena, Texas. He sued and forced a settlement agreement when zoning officials blocked the opening of his auto repair shop. Both sides signed the deal in 2022, yet the garage still sits empty more than 1,000 days later. Instead of honoring its word, the city has refused to issue the necessary permits.

Zoning officials took even more extreme measures in Southold, New York. Regulators tangled Ben and Hank Brinkmann in red tape for years when the brothers tried to open a hardware store in the Long Island community. At one point, the town froze all building permits along a 1-mile stretch of road centered on the Brinkmanns’ property.

When the brothers overcame the zoning hurdles, the town resorted to eminent domain. The government must specify a public use before taking someone’s land by force, so the town invented an urgent need for a “passive park,” meaning a vacant lot with no improvements.

At least one judge saw through the ruse. He called the project a “fake park” in a dissenting opinion at the 2nd U.S. Circuit Court of Appeals. But a 2-1 majority signed off on the dishonesty.

Our public interest law firm, the Institute for Justice, represented the Brinkmanns. We also represent the Quakenbushes and Sepulveda as part of our Zoning Justice Project. The goal is simple: Protect property owners from unreasonable restrictions on their land.

The Constitution, which guarantees due process, is on our side. Yet zoning officials play dirty. Picking targets in advance and going after specific people is just one tactic. Regulators also impose blanket restrictions on entire industries.

Far too often, favoritism protects some businesses at the expense of others. Officials in Fort Pierce, Florida, tried to block food trucks from operating within 500 feet of brick-and-mortar restaurants and grocery stores. Columbia, South Carolina, created a protective bubble around tattoo parlors. Home-based businesses also make popular targets.

Restrictive zoning is hard to escape. It follows people from cradle to grave — starting with infant day care and ending with burial. The ultimate losers are consumers, who get stuck with less choice.

In West Michigan, this can mean burial in a traditional cemetery with manicured lawns, headstones, and mausoleums. Many people prefer this. But others want something different.

“At the end of our lives we’re all made of the same stuff, and we will return to our elemental forms,” says Peter, who has a PhD in biology. “And to be able to do that in a forest and to be recycled into more life, I think is a very beautiful and meaningful thing for some people.”

Zoning police should not interfere in such personal decisions without good reason. Regardless, once the courts have spoken, regulators should let the issue rest in peace.