Man continues fight to keep wife buried in yard - WSFA.com Montgomery Alabama news.

Man continues fight to keep wife buried in yard

James Davis is fighting to keep his wife, Patsy, buried in his front yard in Stevenson, as per her last wish. James Davis is fighting to keep his wife, Patsy, buried in his front yard in Stevenson, as per her last wish.
Davis returned to court Wednesday to appeal the judge's decision to have his wife's remains removed from the front yard. Davis returned to court Wednesday to appeal the judge's decision to have his wife's remains removed from the front yard.
STEVENSON, AL (WAFF) -

A Jackson County man continues his fight to keep his wife's remains buried in his front yard in Stevenson.

He returned to court on Wednesday to plead his case.

The judge already ruled James Davis must have his wife buried elsewhere, but Wednesday his attorneys argued before the court reasons why the judge should change her decision.

"It eats you up inside, and it's eaten me up inside, but I'm going to keep doing it.  I won't give up.  I won't give up," said Davis.

When Davis laid his wife, Patsy, to rest in front of their Broad Street home in downtown Stevenson three years ago, he never dreamed she wouldn't be able to rest because of legal battles over where she was buried.

The city of Stevenson sued Davis and in May, a judge ordered her remains be removed.

On Wednesday, Davis and his attorney were back in court arguing Davis' family plot isn't subject to rules like cemeteries and that Stevenson has no grounds.

"The state statute says that the state has delegated authority to regulate cemeteries to the cities and the city of Stevenson has chosen, for whatever reason, not to regulate cemeteries," said Timothy Pittman, Davis' attorney.

Attorneys for the city argued the city did have authority and the court was correct in its previous ruling.

Davis is left to hope the judge sees things his way.

"The law that we've got is clear.  It's clear as a bell.  Everybody can see it," he said.

But if the court doesn't see it his way, a new deadline may be set for Pasty to be removed.

"Nobody's coming in my yard and taking, digging up my wife.  It ain't gonna happen.  That's my part of the United States and I'll defend it.  I will," said Davis.

The judge said she would take the case under advisement and rule later.

Davis said if he loses, he plans to appeal to the Alabama Court of Civil Appeals.

Copyright 2012 WAFF. All rights reserved.

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