City of Evansville v. Walker

Defendant-appellant, City of Evansville, appeals from a summary judgment ordering it to repay traffic fines found to have been erroneously collected from plaintiffappellees, Richard Walker and others similarly situated.

■ Two'issues are presented for our review:(1) Was the trial judge correct in finding that the city lacked the authority to impose the fines ?(2) Did the trial judge err in ordering that the fines must be refunded ?

We affirm the finding that the citations were improperly-issued, but reverse as to the repayment of fines.

On August 11, 1969, the Evansville police began issuing…