Man battles city over burying wife in front yard - WAFF-TV: News, Weather and Sports for Huntsville, AL

Man battles city over burying wife in front yard

STEVENSON, AL (WAFF) - Some people in Stevenson want a court battle over a burial site laid to rest.

Litigation is going on between the city of Stevenson and one of its residents after he buried his wife in the front yard of their home.

The city wants the woman's remains moved to a cemetery. James Davis sought to have the city's suit filed against him dismissed but a judge said no.

"I still can't believe it's still going on," said neighbor Roy Yarber. "I mean why don't they just leave the man alone and let his wife rest in peace?"

"I don't want her to be buried there," said Jason Hartbarger. "I mean we got a cemetery all over the place."

Davis said it was his wife's wish to be buried in their yard. He sought city council approval in the Spring of 2009 for a cemetery but was denied. Davis buried her there anyway.

"As far as I know, there ain't no state law against it or anything like that" said Yarber. "I didn't see a problem with it. It don't bother me at all."

"You go back in history and look where people buried their folks then, buried them on their property," he added.

Davis said since he owns his property, he should be able to keep his wife's remains there. Some neighbors say it can hurt property values.

"He wants to be buried there too and you got a cemetery and a house. You can never sell the house," worried Hartbarger.

Yarber feels the city shouldn't worry about it and said the family will continue to pay property taxes for years to come.

"He's got nine-million kin folks over there. I don't see it going no where for a few hundred years," said Yarber.

Davis is waiting for the case to go to trial.

©2010 WAFF. All rights reserved.

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