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Eighth Circuit Refuses to Address Constitutionality of Turf Grass Mandate

Eighth Circuit Refuses to Address Constitutionality of Turf Grass Mandate

BLOOMING RIDICULOUS: Eighth Circuit Refuses to Address Constitutionality of City Ordinance Forcing Widow with Grass Allergy to Grow Turf Grass Mexico, Missouri—Today a three-judge panel of the Eighth Circuit Court of Appeals refused to address the question of whether a St. Louis suburb can force Janice Duffner to devote at least half of her yard to growing the very plant that makes her sick. The court also refused to address the question of whether the city could punish Mrs. Duffner…

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VICTORY: Missouri Court of Appeals Rules Challenge to Turf Grass Mandate May Continue

VICTORY: Missouri Court of Appeals Rules Challenge to Turf Grass Mandate May Continue

On January 12, 2016, the Missouri Court of Appeals, Eastern District, issued an opinion ruling that the St. Charles County Circuit Court should not have dismissed Carl and Janice Duffner’s challenge to the validity of a municipal ordinance that requires homeowners to devote half of their property to growing plants designated by the city. The City of St. Peters threatens homeowners with both extraordinary financial penalties and jail time unless they obey the City’s demand to grow “turf grass” on at…

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Freedom Center Appeals Dismissal of Turf Grass Mandate Lawsuit

Freedom Center Appeals Dismissal of Turf Grass Mandate Lawsuit

On April 22, 2015, Judge Pelikan of the St. Charles County Circuit Court ignored decades’ worth of precedent to dismiss Carl and Janice Duffner’s challenge to a city ordinance that compels homeowners to devote at least half of their property to the cultivation of “turf grass.”  On April 23, 2015, the Duffners filed their appeal to the Eastern District of the Missouri Court of Appeals. Judge Pelikan’s ruling defies easy explanation.  Missouri courts have ruled again and again that citizens…

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