ST. PETERS, Mo. (KMOV.com) -- A St. Peters woman locked in a battle with city hall over grass in her yard is now having her case heard in the federal court of appeals.
Janice Duffner was told by the city fifty percent of her yard must be turf grass, which Duffner says shes allergic to.
Her yard is full of bushes, flowers, lawn ornaments and features a small fountain.
The city says a complaint was made by a neighbor, which brought the case to their attention.
Duffner says officials told her and her late husband to remove the roses and plant grass. Citing her allergy, Duffner refused and the city made a counteroffer.
Down to five percent. Five percent of turf grass, said Matt Fairless, attorney for the city of St. Peters. The city offered a fantastic accommodation to limit the amount of turf grass. There was opposition to that accommodation but city stuck with it.
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Duffner said she didnt agree because any amount of grass is a problem.
If I'm allergic, five percent, that's okay? I was told by the city to take out my roses, put in grass and I said I'm allergic and they say, That's okay, pay somebody to pay to take care of your yard, she said. Should I be required to do that?
The case has been ongoing for four years, and a three-panel judge will now decide. If they rule against Duffner, her and her lawyer Dave Roland have vowed to take the case to the Supreme Court.
The interest the city is really going for is not aesthetics, it's not making things beautiful, it's making things the same, making people conform to each other's idea of what's beautiful and that's un-American, said Roland.
Poster Comment:
The interest the city is really going for is not aesthetics, it's not making things beautiful, it's making things the same, making people conform to each other's idea of what's beautiful and that's un-American,