Allen resident willing to take city to court over lawn spat



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Posted on April 4, 2013 at 10:35 PM

Updated Thursday, Apr 4 at 11:07 PM

ALLEN -- Marshall Muse, also known as Tex, is an Allen resident who takes pride in his lawn.

He’s known to mow his lawn very often during the warm months and to near-perfection.

“They do make fun of the fact that I am out mowing this yard every three or four days,” Muse said. “This is my kingdom."

His kingdom is 2,500-square-feet of green. Even on a cold, damp April evening, he's manicuring what, to most, is already a nice yard.

But lately, his kingdom has come under attack, and in the form of a pink slip from the City of Allen. The slip said his lawn has to go.

“It was almost like an April Fool's joke, y'know?” Muse said.

The city's code compliance division paid him a visit and said he had 10 days to comply. The slip says his Five-star Fescue is a cool-season grass, which is banned by a city ordinance, which reads "Cool season grasses (such as rye grass or other similar grasses) that are prohibited by the City of Allen ordinance intensify cool season water requirements."

“But if you knew grass, this is actually Kentucky Fescue, which is a year-round grass,” Muse said.

That is still up for debate. News 8 spoke with an agriculture expert and a feed store manager, who say fescues are mostly cool-season.

But Muse also said his grass was seeded in 2008, and he claims it was before the city even adopted the water conservation plan in that same year. The city was not available for comment, but a media rep did provide us with a copy of the ordinance.

“At the time of the year - when this grass is coming out to look its best - the city is asking me to kill it,” Muse said.

He said he has no problem challenging it legally, if it came down to it.