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."
AP
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.
"The United States Supreme Court has said that the states, and the cities through the states, have the power to regulate. But if it goes too far ... then the government's got to pay, and there are certain things the government just doesn't have the power to do," he said. "As we get bigger and as government gets bigger and as people are more regulated ... you start having more and more disagreements."
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