The 12th District Court of Appeals has, again, rejected an effort by the Village of New Miami to appeal a decision that its speed camera scheme was unconstitutional.
The Journal-News said: “The 12th District Court of Appeals basically said slow down to the village of New Miami’s request to appeal issues in its speed camera case.”
An appeal will proceed on a narrow issue of “sovereign immunity,” a claim by the Village essentially that even though it violated the constitutional rights of motorists, the Village should not have to pay anyone back.
Joshua Engel provided the following statement:
Once again the Village has spent a lot of taxpayer money on lawyers only to lose. The Village wanted to court of appeals to review the entire case, but the decision of the court makes it clear that the court of appeals will not review Judge Sage’s decision that the New Miami speed camera scheme was unconstitutional.
The appeal will only focus on a narrow legal issue of “sovereign immunity.” Judge Oster’s decision that justice demands that people who paid money under an unconstitutional scheme receive compensation is well grounded in decades of Ohio law, and we expect it to be affirmed.