Legal Opinion

City of Cleveland v. Posner

Ohio Court of Appeals

Decided March 24, 2011No. 95301PublishedCited by 8 opinions

1Opinion of the Court

James J. Sweeney, Judge.

{¶ 1} Defendant-appellant, Jeffrey Posner, appeals the trial court’s judgment affirming his liability for a civil penalty for speeding pursuant to Cleveland Codified Ordinances (“CCO”) 413.031. After reviewing the facts of the case and pertinent law, we reverse and remand.

{¶ 2} On October 22, 2008, an automatic traffic-enforcement camera (“ATEC”) photographed defendant’s car traveling west at 2435 St. Clair Avenue, in Cleveland, at a speed of 38 miles per hour, which is 13 miles per hour over the posted 25 miles per hour speed limit. On November 19, 2008, the city of…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  2. Dudukovich v. Lorain Metropolitan Housing AuthorityOhio Supreme Court · 1979
  3. Henley v. City of Youngstown Board of Zoning AppealsOhio Supreme Court · 2000
  4. Our Place, Inc. v. Ohio Liquor Control CommissionOhio Supreme Court · 1992
  5. Ada Van Harken v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1997

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3Cited by8 opinions

  1. HealthSouth Corp. v. TestaOhio Supreme Court · 2012
  2. Toney v. City of DaytonOhio Court of Appeals · 2017
  3. Beachland Ents., Inc. v. Cleveland Bd. of Rev.Ohio Court of Appeals · 2013
  4. Davis v. ClevelandOhio Court of Appeals · 2013
  5. Jodka v. ClevelandOhio Court of Appeals · 2014

3 more not listed; retrieve them via the Exa API.

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