ST. PETERS, Mo. (KMOX) — A St. Peters woman who planted flowers--instead of grass--in her yard is getting her case heard before a federal appeals court in St. Louis.
"I LOVE my yard," Janice Duffner told KMOX's Kevin Killeen. "I will stand for my butterflies, my bees, (and) my birds!"
Janice Duffner says she's allergic to grass and can't obey a St. Peters ordinance requiring at least half of a lawn to be turf grass.
"I was told by the city (of St. Peters) to take out my roses and put in grass. I said 'I'm allergic.' (They said) 'that's ok...pay someone to take care of my yard.' Should I be required to do that?"
A lawyer for the city of St. Peters told the three-judge federal appeals court that people don't have a "fundamental property right" to do what they want--it's subject to "reasonable use regulations." and "aesthetics are a legitimate state interest."
A ruling in the case is expected in a matter of months. Duffner faces up to $375,000 in fines and 40 years in prison if she loses.