The speeders’ attorneys argue the village isn’t entitled to a payment delay but asked the judge, if he grants the stay, to safeguard the money.
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“If the court is inclined to grant a stay, the court should require the village to pay all funds into an interest-bearing escrow account or appoint a receiver to assure the availability of funds for the class,” the motion reads.
They said during an in-chambers status conference last year the village’s attorneys said the village couldn’t pay restitution because it will be “insolvent.”
“This court should not provide further opportunity for the village to escape its obligations,” the attorneys said.
But the village’s attorneys said the speeders’ attorneys “apparently forget the comments were made in the context of immediate payment of a $3 million-plus judgment” not the installment payments. They also said it was “alarming” the speeders would bring the off-the-record statements up given a hearing was held on the matter and the village isn’t broke.
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They also say the judge must grant the stay because “Ohio law is clear that the trial court is required to issue a stay where a political subdivision appeals the court’s decision.”
Oster ruled the speeders are owed $3.4 million, which includes interest that started rolling a week-and-a-half ago.
This is not the first time the speeders have tried to ensure refunds from the unconstitutional speed camera program. Last year, they wanted a financial watchdog appointed to make sure the village didn’t use funds that could be needed to repay them for other purposes and earlier in the case wanted to garnish proceeds from the new speed camera program the village started. Oster said no to both.
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