James Davis of Alabama Fights City to Keep Wife Buried in Front Yard of Their Home

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James Davis wife buried front yard

STEVENSON, Ala. -- 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 that 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 that 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."

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James Davis of Alabama Fights City to Keep Wife Buried in Front Yard of Their Home

Location: Stapleton, Colo.

What the homeowner did: Sarah Cohen's 3-year-old daughter, Emerson, drew on the sidewalk using chalk.

The HOA's response: Chalk art potentially offends, disturbs or interferes with "the peaceful enjoyment" of the community and is not allowed. "The association is trying to go down a  path of 'do no harm,' " an attorney representing the HOA said.

Outcome: The issue will be brought to a vote at a future HOA meeting. In the meantime, Cohen plans on continuing to let her daughter draw on the sidewalks. "It's summertime, and God forbid my daughter is drawing flowers, her name and hearts," said Cohen.

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Location: Spring, Texas

What the homeowner did: Nick and Jeni Dreis took home a 6-month-old red kangaroo as a vocational training animal for their 16-year-old daughter, Kala, who has Down’s Syndrome.

The HOA's response: The family should “immediately remove the kangaroo from the property, as it is not a household pet nor can it be maintained for any business purposes.”

Outcome: In the wake of widespread public support for the Dreises, the HOA reversed its position. “The letter should never have been sent,” said Jeff Crilley of the Estates of Legend Ranch Homeowners Association. “[HOA officials] were unaware that the kangaroo was being used for therapy purposes.”

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Location: Portsmouth, N.H.

What the homeowner did: Planted perennial flowers in her yard. Kimberly Bois claimed she had the plants in her yard before the condo board even existed and had permission from the developer to plant them.

The HOA's response: Sent the homeowner 13 certified letters demanding she remove the plants, starting with a cease-and-desist order and escalating to thousands of dollars in fines and penalties. "It's not about do you like these flowers or don't you," said the condo association’s attorney, Sandy Roberts. "It's a question of was it authorized and is it permanent."

Outcome: Condo association filed a lawsuit against Bois to pay $4,500 in back fines and $8,000 in attorney’s fees.

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Location: Stratford, Conn.

What the homeowner did: Barbara Cadranel put a mezuzah on the doorframe of her apartment.

The HOA's response: Threatened to impose a $50-a-day fine until the religious door fixture is removed.

Outcome: The condo association agreed that Cadranel could hang her mezuzah and rescinded all penalties and fees against her. It also said it will allow residents to place mezuzahs and other religious symbols on doorframes without requiring advance approval.

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Location: Lexington, Ky.

What the homeowner did: Tiffany Veloudis built a playhouse for her 3-year-old son, Cooper, who has cerebral palsy, on the instructions of the toddler’s therapist. It cost the family $5,000 to construct.

The HOA's response: Demanded that the playhouse be removed and ordered the Veloudis family to pay $50 for every day the playhouse remains in their yard.

Outcome: After the story garnered national attention, the association decided the playhouse could stay until a solution could be worked out. State representative Richard Henderson has submitted a bill to enable homeowners to build small structures for therapy purposes with doctor approval, regardless of HOA rules.

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Location: Bossier City, La.

What the homeowner did: Jodi and Timothy Burr put up a front yard banner supporting their son, Corey, a lance corporal in the Marines who was serving in Afghanistan at the time.

The HOA's response: Told the family it was breaking the HOA's rule prohibiting all signs from public display.

Outcome: The HOA sued the Burrs when they refused to remove the sign. The Burrs argue that other homeowners have signs in their yards, and that the enforcement of the rule is “selective.” They also are trying to meet with the HOA to discuss possible revisions to the rule.

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Location: Evans, Ga.

What the homeowner did: A nonprofit homebuilding group planned to build a house, free of charge, for Army Sgt. 1st Class Sean Gittens, who was paralyzed in Iraq and is unable to speak.

The HOA's response: The HOA stopped the construction of the home. It argued that the Homes for Our Troops foundation didn’t file the proper paperwork. 

Outcome: The Gittens left the development and are exploring other places to build the home. Homes for Our Troops has agreed to continue the project in a new location.

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Location: Macedonia, Ohio

What the homeowner did: Fred Quigly, a retired Army chaplain and minister who served during the Vietnam War, put up an American flag in his front yard.

The HOA's response: The flag violates the HOA’s rules on flagpoles. It offered to put the flag at the entrance to the development instead.

Outcome: The HOA relented and granted Quigly the right to fly his flag in his front yard.

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Location: Frisco, Texas

What the homeowner did: U. S. Army National Guard Capt. Michael Clauer and his wife, May, failed to pay $977.55 in HOA dues.

The HOA's response: Foreclosed on the home, which was owned free and clear by the Clauers, and had it sold at auction.

Outcome: After a lawsuit, the Clauers reclaimed the title to the home.

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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 that 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."

'This Is What Freedom Is About'

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 that 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 that 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 a seat on the Stevenson City Council. A campaign sign hangs near a bigger sign in his yard that says: "Let Patsy Rest in Peace."

A law professor in Alabama who is familiar with the case said that 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."

Davis, a longtime carpenter, built the family's home on a corner on Broad Street about 30 years ago in Stevenson, a town of about 2,600 in northeast Alabama. Once a bustling railroad stop, the city is now so quiet that some people don't bother locking their doors. Stars twinkle brightly in the night sky; there aren't many lights to blot them out.

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 that 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 Stevenson 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 that 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.

Ala. Man Fights For Use of Front Yard Grave



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.

Not Uncommon in Alabama

While state officials say that they don't know how many people might be buried on residential lots in Alabama, burials on private property in Alabama are not uncommon, said Sherry Bradley, deputy environmental director for the state Department of Public Health.

While the state can regulate cemeteries, Bradley said it doesn't have any control over family burial plots. The city contends the grave at Davis' home is an illegal cemetery that falls under government oversight, said Edmiston, the city lawyer.

If nothing else, Edmiston said, the appeals court might decide what constitutes a "family burial plot" in Alabama, and what's a cemetery.

"It would be far-reaching if they say anyone can bury someone in their front yard if there are no drainage issues," he said.

As it is, Davis said that his five children will bury him in the yard beside Patsy after he dies, and they and his 15 grandchildren will care for the property from then on.

"That's my perpetual care," said Davis, referring to the city's worry about what the grave will look like after he dies.

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."

See also:
Man Jailed Over Rainwater Reservoirs on His Property

Neighbors from Hell: What You Can Do to Stop the Bullies Next Door
Oregon Couple Faces Tsunami-Size Fine for Pool

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