Town officials said Thursday they have asked the 4th U.S Circuit Court of Appeals in Richmond, Va., to hear their appeal.
The move comes after U.S. District Court Judge Louise Flanagan ruled the First Amendment protects homeowner David Bowden's sign, which read "Screwed by the Town of Cary."
Bowden has told ABC11 that his motivation was water damage to his home that he claimed was caused by a Cary road project.
He said he wanted Cary to buy the home because he claimed it's unsellable.
Town officials say the size of the message on a 48-square-foot section of the front of Bowden's house violated community standards. Officials say Bowden could have had the words painted on as many as three smaller signs.
Bowden has since covered over the original spray painted words with a new large sign that's bolted to the front of his home.