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Missouri Couple's Lawsuit Over Grass Ordinance Thrown Out - KOAM TV 7

Missouri Couple's Lawsuit Over Grass Ordinance Thrown Out

Missouri Couple's Lawsuit Over Grass Ordinance Thrown Out

Updated:

From Associated Press -

ST. LOUIS (AP) - A federal judge has dismissed a lawsuit filed by a Missouri couple over a city ordinance that requires them to plant grass in their yard.

The St. Louis Post-Dispatch reports that U.S. District Judge John Ross tossed out the 2016 lawsuit Wednesday over St. Peters' turf grass ordinance. Residents Janice and Carl Duffner allege the ordinance obligates owners to grow and maintain an "unwanted physical presence on their property for no other reason than that the government commands it."

Janice Duffer is allergic to grass.

Ross says the couple "failed to identify a fundamental right that is restricted by the Turf Grass Ordinance." Ross ruled that their allegation was too broad and could lead to "heightened judicial scrutiny" for many zoning laws.

An attorney for the Duffners plans to appeal.

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