Man fights to keep wife buried in front yard

[Hum]

STEVENSON, AL (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. This is what freedom is about."

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."

A law professor who is familiar with the case said it's squarely at the intersection of personal rights and government's power to regulate private property. While disputes over graves in peoples' yards might be rare, lawsuits over the use of eminent domain actions and zoning restrictions are becoming more common as the U.S. population grows, said Joseph Snoe, who teaches property law at Samford University in suburban Birmingham.

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.

For now, Davis visits his wife's grave each time he walks out the front door. He puts fresh artificial flowers on it regularly, and he washes off the marker when raindrops splatter dirt on the gray stone. At Christmas, he said, he and other relatives hold a little prayer vigil around the grave, which is beside an old wooden garage.

Edmiston said the man rejected several compromises from the city, including the offer of two plots in the municipal graveyard.

Davis is adamant that he won't move the body, regardless of what any court says.

"If they get it done it'll be after I'm gone," said Davis. "So if they order her to be moved, it's a death sentence to me. I'll meet Mama sooner than I planned on it."

full story

[DocM]

Good Lord leave the poor guy alone then if it's an issue when he passes, say the family doesn't keep the property, then move them together.

[Ryoken]

Agreed, if it's not a public health issue, I don't see the problem.. As long as the city is aware of it [ incase of future sale of the house, so either the new owners are aware, or it can be moved to a graveyard.. also incase of any digging that needs to be down for utilities ].

[Hum]

At first I thought his wife was a zombie that kept coming back. :p

[Mystic Mungis]

If she is in a properly sealed coffin dug a good bit into the ground and the family is willing to pay to have the body moved should the next owner object to it then there should be no problem.

[f0rk_b0mb]

Leave the poor guy alone. What the hell is the matter with America?!? Besides it looks very pretty. I like flowers.

[syobon999]

At first I thought his wife was a zombie that kept coming back. :p

ROFL, sure he will have a surprise in the zombie apocalypse.

[moloko]

Best quote...

"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. This is what freedom is about."

This is not posing any health risk so. go for it. :D

[HSoft]

Good Lord leave the poor guy alone then if it's an issue when he passes, say the family doesn't keep the property, then move them together.

He's in a downtown residential area, its not like he's out in the country and has 40 acres of land to do it on. What's this going to do to other property values in the neighbourhood? Besides, he was denied and is basically breaking the law.

I know it's sad but what if everyone just started to bury their dead in their back yards?

[Hum]

^ There was a time when families did bury their own in the yard. ;)

[DocM]

And the article states there are family cemetaries in the area. Going after him after those precedents have been in place for >100 years is just wrong. More PC crap from the yuppie propellor-heads.

[HSoft]

And the article states there are family cemetaries in the area. Going after him after those precedents have been in place for >100 years is just wrong. More PC crap from the yuppie propellor-heads.

There were precedents set that criminals would be and were hanged. There are lots of family burial spots on family land in Alabama but that's because Alabama is mostly rural, people have 20,40,100 acres of land. Alabama really only has 4 cities. This is on the main street of a residential area and there are no other family burial spots in that area.

[Obi-Wan Kenobi]

The man obviously has enough grief with his wife being dead and all, so I really don't see what he's doing that's so bad! He's just respecting his wife's wishes. There's nothing wrong with that. Poor guy!

[Growled Member]

Good Lord leave the poor guy alone then if it's an issue when he passes, say the family doesn't keep the property, then move them together.

You know the government, They can't leave well enough alone.

[DocM]

You know the government, They can't leave well enough alone.

Which is why I think it should be halved at least.