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Title: St. Peters woman's fight with city hall over grass hits federal court of appeals
Source:
KMOV-TV4
URL Source: https://www.kmov.com/news/st-peters ... da-11e9-b41a-5388dfb1f732.html
Published: Jan 16, 2019
Author: Staff
Post Date: 2019-01-28 05:47:12 by Deckard
Keywords: None
Views: 2001
Comments: 21
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 she’s 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.”
Duffner said she didn’t 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,”
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Begin Trace Mode for Comment # 16.
Either she owns the place or she doesn't. It is a matter of Liberty to do what you see is best.
Prove she is damaging another or shut up about it, that is where I stand on this.
#16. To: jeremiad (#6) (Edited)
"The struggle is always between the individual and his sacred right to express himself and ... the power structure that seeks conformity, suppression and obedience." ~ William O. Douglas
I just found out this interesting fact: The law was forced upon her, it didn’t exist when she purchased the property.
Even the folks over at FR can see this for what it is.
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