Ala. man fights to keep wife buried in front yard

STEVENSON, Ala. (AP) - James Davis is fighting to keep the remains of his late wife right where he dug her grave: In the front yard of his home, just a few feet from the porch.

Davis said he was only abiding by Patsy Ruth Davis' wishes when he buried her outside their log home in 2009, yet the city sued to move the body elsewhere. A county judge ordered Davis to disinter his wife, but the ruling is on hold as the Alabama Civil Court of Appeals considers his challenge.

Davis, 73, said he never expected such a fight.

"Good Lord, they've raised pigs in their yard, there's horses out the road here in a corral in the city limits, they've got other gravesites here all over the place," said Davis. "And there shouldn't have been a problem."

While state health officials say family burial plots aren't uncommon in Alabama, city officials worry about the precedent set by allowing a grave on a residential lot on one of the main streets through town. They say state law gives the city some control over where people bury their loved ones and have cited concerns about long-term care, appearance, property values and the complaints of some neighbors.

"We're not in the 1800s any longer," said city attorney Parker Edmiston. "We're not talking about a homestead, we're not talking about someone who is out in the country on 40 acres of land. Mr. Davis lives in downtown Stevenson."

A strong libertarian streak runs through northeast Alabama, which has relatively few zoning laws to govern what people do with their property. Even a neighbor who got into a fight with Davis over the gravesite - Davis said he punched the man - isn't comfortable with limiting what a homeowner can do with his property.

"I don't think it's right, but it's not my place to tell him he can't do it," said George W. Westmoreland, 79, who served three tours of duty in Vietnam. "I laid my life on the line so he would have the right to do this."

Westmoreland declined to discuss his specific objections to the grave.

It's unclear when the appeals court might rule. Attorneys filed initial papers in the appeal on Friday. The decision could come down to whether the judges believe the front-yard grave constitutes a family plot that requires no approval or a cemetery, which would.

In the meantime, Davis has protested by running for City Council. A campaign sign hangs near a bigger sign in his yard that says: "Let Patsy Rest in Peace."

Davis, a longtime carpenter, built the family's home on a corner on Broad Street about 30 years ago in Stevenson, a town of about 2,600 in northeast Alabama. Once a bustling railroad stop, the city is now so quiet some people don't bother locking their doors. Stars twinkle brightly in the night sky; there aren't many lights to blot them out.

Davis first met Patsy when she was a little girl. They were married for 48 years, but she spent most of her final days bedridden with crippling arthritis. Seated on a bench beside her marble headstone and flower-covered grave, Davis said he and his wife planned to have their bodies cremated until she revealed she was terrified by the thought.

"She said this is where she wanted to be and could she be put here, and I told her, "Yeah,"' Davis said. "I didn't think there'd be any problem."

There was, though. A big one.

After his wife died on April 18, 2009, the City Council rejected Davis' request for a cemetery permit. The decision came even though the county health department signed off on the residential burial, saying it wouldn't cause any sanitation problems.

Ignoring the council's decision, Davis said he and a son-in-law cranked a backhoe and dug a grave just a few feet from the house. A mortuary installed a concrete vault, and workers lowered Patsy's body into the plot in a nice, metal casket.

The city sued, and the case went to trial early this year. That's when a judge ordered Davis to move his wife's remains to a licensed cemetery. That order is on hold to give the state appeals court time to rule.