New Miami has given notice it wants the appeals court to consider the first decision by retired Judge Michael Sage in March 2014, when he deemed the speed camera program unconstitutional, and several by Oster, including a motion to reconsider based on other speed camera cases that have been decided around the state and the final judgment.
The litigation has dragged on for five years, including three visits to the 12th District and two to the Ohio Supreme Court, where jurisdiction was denied. New Miami challenged the lower court’s rulings on class action status twice and a sovereign immunity issue. Until Oster issued his final judgment, the village could not appeal the entire case.
New Miami’s outside counsel, James Englert, said they will “finally” be able to argue that the administrative hearings did not violate due process and there are new court decisions that support that claim.
“The Court of Appeals in Montgomery County and the United States District Court in the Southern District of Ohio have both looked specifically at this issue, of whether due process in an identical program that’s run by the city of Dayton, Trotwood, West Carrollton, whether that meet due process and they said that it did,” Englert said. “That’s the issue we are finally very happy to go to the 12th District on and see what they say. That’s the big issue out there.”
The speeders’ attorneys have always said they would appeal Oster’s decision that the village can take 10 years to refund the $95 speeding tickets to around 33,000 drivers. They have appealed that issue and also Oster’s decision regarding interest owed and the fact he refused to order a financial watchdog.
The final judgment is $137,170 shy of what the speeders’ attorneys say the interest amount should be. Josh Engel, one of the speeders’ attorneys, estimated interest at $560,823. He said it should have started accruing when the first ticket was paid. Oster set the interest amount at $423,653, the interest clock started ticking the day of his final judgment.
“We believe that the judge made a mistake by not awarding motorists interest from the day that they paid fines under the unconstitutional scheme,” Engel told the Journal-News. “Motorists did not intend to give the village an interest-free loan, and not awarding interest rewards the village for its delaying tactics throughout the litigation.”
Engel has asked Oster multiple times to order that a financial watchdog be hired to make sure the $3.4 million is safeguarded. Oster has refused previously but hasn’t ruled on the latest request.
“The village told the judge it would be insolvent, so a receiver is necessary to make sure that the village is able to manage its remaining assets to make sure that motorists get their money back,” Engel said.
Englert said he was a little surprised the speeders are appealing this issue, “but I guess they’re just going for everything they didn’t win in the court below.”
There have been comments made about insolvency, but Englert said that was in the context of a full $3 million-plus payment and the village is not broke.
About the Author