A township ordinance that banned all new cemeteries is unconstitutional, a Michigan judge ruled Thursday, Aug. 15.

Brooks Township banned new cemeteries in June 2023, after Peter and Annica Quakenbush had bought land to start a green cemetery business. The couple sued the township of 3,500 residents, with legal help from the Institute for Justice, a nonprofit public interest law firm.

The Newaygo County Circuit Court heard oral arguments Aug. 15 on a motion for summary disposition brought by Brooks Township, which sought to dismiss a lawsuit.

The court denied the motion and ruled that the township’s ban on new cemeteries was unconstitutional. Next, the court will enter a written order formalizing the ruling, which the township can appeal.

“We’re excited and feel vindicated by this ruling,” the Quakenbushes said in a statement. “We are delighted that the judge understood that Brooks Township’s ordinance violated our right to use our property and operate our cemetery.”

The 20-acre property houses a white oak and white pine forest over 100 years old. The couple plans to offer more burial choices in the green cemetery, in which bodies are buried in the earth in a wooden or wicker casket or no container.

Green burials do not use vaults, which are stone or concrete containers that surround a casket in traditional burials. As of Dec. 13, 2023, there were about 445 green burial cemeteries and burial grounds in the United States and Canada, according to NHfuneral.org, a resource for those interested in green burials.

Institute for Justice attorney Katrin Marquez welcomed the ruling.

“This victory recognizes Peter and Annica’s constitutional right to start a business,” Marquez said in a statement. “The township can’t just ban a necessity of life like a cemetery. People won’t stop dying just because the township doesn’t want them buried there.”

Brooks Township did not respond to a request for comment. The township is about 48 miles north of Grand Rapids.

The Downtown Boxing Gym in Wayne County will receive two grants from the 2025 state budget, totaling $3 million. One grant passes through a regional educational service agency four counties away.

A $2 million grant for the gym is listed among the Labor and Economic Opportunity grants in the budget. The other grant flows through the Clinton County Regional Educational Service Agency, which will pass the funds to the gym.

The state’s 2025 education budget allocates $75 million to Clinton County RESA, which provides special education and other services to six school districts in the greater Lansing area. Of that amount, the regional district must distribute $18 million to specific organizations, including the Downtown Boxing Gym, which is 108.7 miles from the RESA building.

The nonpartisan House Fiscal Agency confirmed to Michigan Capitol Confidential that the gym will receive two separate grants, totaling $3 million.

The $2 million grant is “to support services that provide free out-of-school time programming and supports program alumni, students, and families,” agency analyst Noel Benson told CapCon in an email.

The $1 million grant flows through Clinton County RESA for programming, construction and other remodeling, Benson wrote. The Michigan Constitution allows the pass-through of grants outside an organization’s service area.

”Under Article IX Sec. 11 of the Michigan Constitution, School Aid Fund dollars may be used only for aid to school districts, higher education, and school employees’ retirement systems,” Benson wrote.

CapCon sent an email to members of the RESA board asking for comment. None have responded.

The fee-free youth mentorship program subsidized by the budget helps Michiganders, the Downtown Boxing Gym told CapCon in an email.

“For every student we serve, there are thousands more on a waiting list who greatly need the individualized academic support, transformative mentorship, and measured impact we provide,” an official wrote. “Meeting that need requires significant funds and we work tirelessly to raise those funds to ensure every child can receive the equitable access to education and opportunities they need and deserve.”

The gym has served the community for 17 years. The funding will help expand its campus, build a new STEAM building and double the number of students, a representative said in an email.

“We applaud our lawmakers for investing in the education of our young people and the enhancement of our community. Investments like these will result in a better state and a better world for all of us,” the orgnization said.