The Alabama Civil Court of Appeals has upheld the ruling of a lower court concerning a Stevenson man who buried his wife in the front yard of his home.
That lower court determined James Davis will have to move the remains of his wife to an approved cemetery.
James Davis buried her in his front yard in 2009 and says it was her dying wish. The city of Stevenson filed suit against Davis.
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.
Davis said he plans to take this fight to the Alabama Supreme Court if he has to.
Since the circuit judge's ruling several months ago, Davis said media from across the country have shown interest in his case.
He is now asking the general public for help by making a phone call.
"The people of this state, however they feel, to call the governor, send him emails or whatever or the attorney general, and I'm not sure that's going far enough up," Davis said.
Davis is disappointed but said he still has a lot of fight left in him for his wife's dying wish. He also said the fight will continue even if he loses at the state supreme court.
Davis maintains he has followed state law. When she died, he asked the city council for permission out of courtesy. They denied that request.
He did it anyway, saying the city has no ordinances regulating cemeteries.
He has now lost his argument in two courts.
His last hope is that the Alabama Supreme Court will see it his way.
Before the Supreme Court, Davis said he plans to first ask the Court of Civil Appeals to reconsider their ruling.
Copyright 2013 WAFF. All rights reserved.