The speeders’ attorneys asked the appellate court to dismiss the appeal as premature.
Magistrate Ben Manning said the sovereign immunity claims can proceed, but the monetary issues need to be finalized by Oster first.
“There is no indication in the records whether a damage award will include all penalties paid under the automated speed program, including money paid to the non-party company administering the program, or only sixty percent of the fees paid actually retained by the village,” Manning wrote.
“There will almost certainly be an appeal filed from whatever damage award is made and from whatever attorney fee award is fashioned by the trial court. Judicial economy is better served by waiting until final resolution of all these issues.”