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Federal Court Upholds $30,000 Fine Against FL Man for Not Cutting His Grass - The Case Could Go the Supreme Court

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A federal appeals court has sided with the city of Dunedin, Florida over $30,000 in fines it leveled against a homeowner for not cutting his grass. 

WTSP-TV reports the homeowner, Jim Ficken, called those fines excessive and claimed he was denied due process after a four-year legal battle. But the original judge, who now sits on the 11th Circuit Court of Appeals disagrees.

Ficken's attorneys with the Institute for Justice said they believe the court misinterpreted the law. 

"The 11th Circuit, the appeals court that heard this case, is really misinterpreting this area of law," Ficken's attorney, Andrew Ward told WTSP. "It's something that the Supreme Court needs to explore more."

Ward explained the court found that legislative bodies like the city of Dunedin can set the standard for what's excessive.

"We think the court got it wrong," Ward said. "This is an excessive fine. Mr. Ficken was fined almost $30,000 because his grass got too long. And if that's not excessive, it's hard to imagine what it is."

Ficken's problem with the city began in March 2015 when he left the state to attend to his ailing mother in South Carolina. During the time he was away, his grass grew longer than the 10 inches required by Dunedin's municipal code, according to Patch.com

Ficken got the lawn mowed, but the Code Enforcement Board told him anytime within the next five years, if he was out of compliance, he could be fined $500 a day. 

Then in 2018, Ficken's mother died and he traveled to South Carolina to settle her estate. He said he hired a friend to cut his lawn, but the friend unexpectedly died while he was gone and his grass grew more than 10 inches, according to Patch.com

Ficken returned to his home in Dunedin unaware that he was being fined $500 a day for non-compliance for 47 days or $23,500, according to the outlet. The city also added his second 10-day trip to South Carolina, bringing the total to $28,976. 

Institute for Justice attorney Ari Bargil told Patch the appeals court's decision sets a dangerous precedent for homeowners.

The decision "will further embolden cities like Dunedin to impose crippling financial penalties against unsuspecting residents," he said.

According to WTSP, Ficken has not paid his fine. 

Ward told the outlet they may return to the 11th Circuit to have the case re-heard or appeal to the U.S. Supreme Court. They have until Aug. 4 to decide what they will do next. 

The city of Dunedin released a statement calling the 11th Circuit's ruling "thorough and detailed," adding, "We appreciate the time the court took to carefully review the record and legal arguments to reach its conclusions."

The city has received backlash from the public over Ficken's severe fines. In response, the city passed an ordinance in 2020 that caps code violations at $10,000. 

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About The Author

Steve Warren is a senior multimedia producer for CBN News. Warren has worked in the news departments of television stations and cable networks across the country. In addition, he also worked as a producer-director in television production and on-air promotion. A Civil War historian, he authored the book The Second Battle of Cabin Creek: Brilliant Victory. It was the companion book to the television documentary titled Last Raid at Cabin Creek currently streaming on Amazon Prime. He holds an M.A. in Journalism from the University of Oklahoma and a B.A. in Communication from the University of