Janice Duffner v. City of St. Peters, Missouri

COLLOTON, Circuit Judge.

Janice Duffner, along with her late husband Carl, sued the City of St. Peters, Missouri, to challenge a city ordinance that requires at least fifty percent of their residential yard to contain turf grass. The district court dismissed the lawsuit, ruling that the Duffners failed to show that the ordinance violated the Due Process Clause of the Fourteenth Amendment or the Eighth Amendment's prohibition against excessive fines and penalties. The Duffners appealed, and we affirm the dismissal of the substantive due process claim on the alternative ground that it is barred…