Stevenson man appeals to keep wife buried in front yard - WAFF-TV: News, Weather and Sports for Huntsville, AL

Stevenson man appeals to keep wife buried in front yard

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A Stevenson man wants the judge to let him keep his wife buried in the front yard. A Stevenson man wants the judge to let him keep his wife buried in the front yard.
STEVENSON, AL (WAFF) -

Despite a judge's order for her remains to be moved, a woman remains buried in her front yard.

It's going on in the Jackson County town of Stevenson.

The judge ruled in early April that the woman was to be moved to a proper cemetery by the end of the month.

Now, her husband is appealing his case back to the judge and the judge has set another hearing date.

After a March hearing, a judge ruled James Davis had until April 30th to remove his wife's remains from the front yard of their downtown Stevenson home.

Davis says he buried his wife in their front yard as part of her dying wish.

That prompted the city of Stevenson to sue Davis to have her remains moved.

Now, Davis is asking the judge to reconsider her decision.

In papers just filed with the court, attorneys for Davis argue that the law does not apply to family burial plots.

His attorneys also argue the judge's order failed to address his concern that the city did not have ordinances to limit use of property for cemeteries.

And his attorneys argue there is a disagreement of the facts presented in the order.

Davis is asking the judge to hold off on requiring him to remove his wife's remains until the appeal is complete.

Davis is asking the judge to amend, vacate her decision, or grant him another trial.

The hearing date is set for June 27th.

Copyright 2012 WAFF. All rights reserved.

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