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Weed Laws Article on Landscaping (John Marshall Law Review) <br />Page 10 of 27 <br />municipal code which forbids "grass, weeds, or any other plant that is not <br />cultivated" to grow higher than 10 inches or "in rank profussion on the premises. "83 <br />The case went to trial in 1988. The city weed inspector testified that Allison's yard <br />was filled with ivy and honeysuckle, but he found no garbage or litter. A state urban <br />wildlife biologist, Karen Yaich, testified that natural landscapes, like Allison's, do <br />not attract rats or pest snakes. Ms. Allison testified that she cultivated a natural <br />landscape in order to provide nesting sites for native wildlife and because she <br />preferred the natural appearance. <br />Little Rock Municipal Judge Marion Humphries dismissed the citation. The Court <br />held: <br />It appears that what [Ms. Allison] was cultivating was the kind of vegetation <br />that would not attract snakes or rats as suggested by her neighbors, that it <br />would attract songbirds. For that reason, her premises would meet the <br />standards of the Game and Fish Commission of having a certified backyard <br />wildlife area.84 <br />Without interference, Ms. Allison currently continues her natural landscaping <br />efforts. <br />6. Ladybird Johnson and the National Wildflower Research Center <br />Ladybird Johnson led the effort to beautify the National Highway System and was <br />instrumental in the passage of the statute implementing her efforts.85 In 1982, as a <br />spin -off of her highway beautification efforts, Ladybird Johnson and the late Helen <br />Hayes founded the National Wildflower Research Center, a non - profit <br />environmental organization dedicated to the preservation and reestablishment of <br />native wildflowers, grasses, shrubs, and trees. The Wildflower Center, with 18,000 <br />members, provides information on recommended native plant species and seed and <br />plant sources for each state, plus tips on planting and maintaining native plants <br />through its Information Clearinghouse.86 The center is an important institutional <br />base for the natural landscaping movement. <br />7. The Canadian Cases <br />Across the border, the same battle is being waged between the natural landscapers <br />and some of their neighbors and village officials. Lary Lamb, a university ecologist, <br />has fought neighbors in his Toronto suburb for years to maintain his native North <br />American prairie in his yard.87 <br />One thousand miles to the east, Cathy Smallwood grows a native woodland in the <br />Newfoundland capital, St. John's.88 In September 1992, the city served her with a <br />citation for violating the law that required yards to be "kept clean and free from <br />growth of weeds and grass that are detrimental to health or public safety... or by <br />reason of not being cut regularly are excessive when compared with neighboring <br />properties. "89 The matter came before the planning commission and Mrs. <br />Smallwood convinced the commission, 5 -4, to allow her to keep her natural <br />http: / /www.epa.gov /glnpo /greenacres /weedlaws /JMLR.html 2/22/01 <br />