DUNEDIN, Fla. — A Florida man on Thursday lost his appeal to eliminate more than $30,000 in fines over “high grass” in his yard.

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However, James Ficken, of Dunedin, is not ready to write city officials a check. He plans to appeal the ruling, WFLA-TV reported.

An 11th Circuit federal judge ruled in the City of Dunedin’s favor. Ficken has been contesting the fines since 2015, when officials began penalizing him $500 per day because of the high grass in his yard, which exceeded the 10-inch height limit mandated by the city, according to the television station.

Ficken, 72, who is represented by the Institute for Justice, argued in court that the fines were excessive.

“If a $30,000 fine for not mowing your lawn isn’t excessive, what is?” Andrew Ward, an attorney for Ficken, told WFLA. “A city or state cannot pass an unconstitutional law, and argue that because it is the law, it’s constitutional.”

The original lawsuit was filed by Ficken in April 2021 in U.S. District Court for the Middle District of Florida, Tampa Division. After a two-year battle, a district judge ruled that Ficken must pay the fines, according to the Tampa Bay Times.

The court said Florida law permits the fines for repeated violations of local ordinances and municipal codes, WFLA reported.

Dunedin officials began fining Ficken in May 2018.

Ficken was away for much of the summer in 2018, managing his late mother’s estate in South Carolina. Ficken paid a man to mow the lawn while he was gone but the person unexpectedly died.

Ficken filed a lawsuit against the city seeking $1 in damages, relief from fines and an end to the city’s practice of fining people without considering their ability to pay.

After telling officials he did not have $30,000 to pay the fines, city officials gave him a 15-day deadline, threatening foreclosure if he did not settle the fines, WFLA reported.

“I’m astounded the court agreed the city could fine me $500 per day, without my knowledge, and then try to take my house -- all to settle a bill for tall grass,” Ficken told the television station. “The court’s ruling is outrageous. If this can happen to me, it can happen to anyone. That just can’t be right, and I’m looking forward to continuing my fight.”

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