Allen County, IN

In December 2019, the Allen County Board of Zoning Appeals rejected by a vote of 4-1 a cemetery proposal by the Muslim Community Help Association of Fort Wayne, citing insufficient planning and justification behind the proposed size of the cemetery and management of the property. The 14-acre site for 3,648 burial plots had been advanced as contingent use on land zoned agricultural. The Help Association applied again in 2021 with a slightly modified proposal addressing some of the concerns raised in the 2019 public hearing before the board. The new proposal was unanimously approved in February 2021.

Ben Damon

2019

The Muslim Community Help Center attempted to build a 14-acre cemetery with 3,648 graves with bodies placed in concrete vaults on land zoned agricultural.

The project was denied in December 2019 by the Allen County Board of Zoning Appeals (BZA). The board did not state any reasons for the denial, but during the public hearing, questions were raised about the cemetery's size and the lack of a perpetual care fund for cemetery maintenance. In February 2021, The BZA approved a modified proposal.

In December 2019, the Allen County Board of Zoning Appeals (BZA) rejected a proposal by the Muslim Community Help Association to establish a new cemetery. The group, primarily composed of refugees from Myanmar, sought their own cemetery due to the growing size of their community. The proposal was for a cemetery with 3,648 graves on a field behind a former church building. The Muslim community had purchased the church property earlier that year, converting it into a Muslim worship center known as Masjid Quba. The land, zoned for agricultural use, had previously been part of the church’s community gardening program. It required a special exception or conditional use permit (CUP) to be used as a cemetery.

At the BZA meeting, a local real estate agent assisted the Muslim Association. Despite assurances that the Association was registered with the state and would comply with all relevant regulations, including the use of concrete vaults for burials, the zoning board denied the request by a vote of 4-1. During the meeting, board members did not explain why they voted against the cemetery (Rodriguez, 2019, Dec 20). Board member David Bailey was the sole dissenter, arguing that the board had limited jurisdiction over the matter. However, his motion to approve the plan failed due to a lack of a second (ibid.).

Key concerns community members and the zoning board raised included questions about the group's capability to manage and maintain the cemetery, including the need for a perpetual care fund and a clear maintenance plan. Neighbors also expressed worries about the burial practices. The Muslim tradition of not embalming bodies sparked concerns about potential environmental impacts and the feasibility of reverting the land to agricultural use. Additionally, the overall size and the proposed number of grave sites raised concerns (Darby, 2019, Dec 18).

In February 2021, the Muslim community reapplied for a cemetery permit with the help of a Fort Wayne attorney, Pat Hess, who represented the group at the Allen County Board of Zoning Appeals (Rodriguez, 2021, Feb 18). The Association’s new proposal for the cemetery was similar to the earlier one but included several key revisions. The number of gravesites was reduced from 3,648 to 890, and an access drive from Hessen Cassel Road was eliminated. Additionally, the application reserved space for future burials in two property segments, though the number of graves planned for those sections was unspecified. The Muslim community also indicated that funeral homes would be responsible for services and body preparation, and those activities would not occur on-site (ibid.).

Despite some concerns from nearby residents about the septic system and potential drainage issues, the board approved the proposal unanimously after ensuring that the cemetery would comply with state guidelines and establish a perpetual care fund. The language specifying that burials were limited to Muslims was removed to avoid any appearance of discrimination (Rodriguez, 2021, Feb 18).

A news article from March 2023 reported that the cemetery was under construction and that the Association held a fundraiser to support the project (Benkowski, 2023, March 19).

References

• Benkowski, G. (2023, March 19). Muslim Community Help Center holds fundraiser for cemetery. CBS 15 Local News. Web.
• Darby, C. (2019, December 18). Request for 3,000-grave Muslim cemetery denied. CBS-15 Local News. Web. 
• Rodriguez, R. S. (2021, February 18). Muslim burial grounds get OK. The Journal Gazette. Web. 
• Rodriguez, R. S. (2019, December 20). Proposed Muslim cemetery rejected: Zoning board votes 4-1 against Decatur Road plan. The Journal Gazette, p. 1C. Available from NewsBank.

June 12, 2024