VILLAGE OF RICHMOND v. Magee

Justices Burke and Schostok concurred in the judgment and opinion.

OPINION

Plaintiff, the Village of Richmond, charged defendant, Gary E. Ma-gee, with driving an overweight vehicle. Richmond Village Code 15.01(a) (amended Nov. 16, 2006). After a bench trial, the trial court entered a judgment for defendant. Plaintiff appeals. We reverse and remand.

Plaintiff alleged by complaint that, on October 20, 2008, defendant operated a second-division motor vehicle with a gross weight of 17,000 pounds, although its maximum permitted weight was only 6,000 pounds. The ordinance under which defendant was…