Posner v. Cleveland
2011 Ohio 3071
Ohio Ct. App.2011Background
- Posner was cited for speeding (40 mph in a 25 mph zone) based on a mobile automated traffic camera in Cleveland.
- Posner received notice on January 6, 2010 and challenged the ticket before the Parking Violations Bureau (PVB).
- After administratively challenging the ticket, Posner appealed to the Cuyahoga County Common Pleas Court, which affirmed the PVB decision.
- Posner had previously raised related issues in Posner I, II, and III, with the court limiting review to as-applied challenges in administrative appeals.
- This appeal follows an abuse-of-discretion standard reviewing the trial court’s decision on questions of law only, without reweighing facts.
- Posner challenges the evidentiary basis and due-process protections of the automated enforcement system under Cleveland Codified Ordinances 413.031.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly reviewed the administrative decision | Posner argues the trial court rubber-stamped the decision without independent review | City contends the trial court conducted proper legal review of the record | Assignment overruled; trial court independently reviewed the record |
| Whether improper evidence supported the civil liability finding | Posner asserts the evidence (including electronic photos) was improper, unsworn, unscientific, or unauthenticated | City relies on the administrative record and relaxed evidence standards for administrative hearings | Assignment overruled; evidence deemed probative and substantial per prior Posner decisions |
| Whether Posner was denied due process by not calling witnesses at the PVB hearing | Posner claims lack of witness confrontation violated due process | R.C. 2506.03 allows supplementation and trial-level subpoenas preserve rights | Assignment overruled; Posner may supplement record and obtain witnesses at trial level |
| Whether Barnes requires reversal for lack of warning signs on mobile units | Barnes mandates warning signs for mobile units; lack of signs invalidates the citation | Barnes fact-specific and record here lacks evidence of missing signs | Assignment overruled; Barnes does not control due to lack of record evidence |
| Whether PVB jurisdiction to find liability conflicts with RC 4521 and is facially unconstitutional | PVB allegedly exceeds statutory jurisdiction and conflicts with RC 4521 | Administrative challenge to facial validity is not reviewable in this appeal | Assignment overruled; constitutional challenges to facial validity are beyond administrative-appeal scope |
Key Cases Cited
- Cleveland v. Posner, 188 Ohio App.3d 421 (2010-Ohio-3091) (admin-appeal standard; as-applied challenges)
- Posner III, Cleveland v. Posner, 188 Ohio App.3d 421, 2010-Ohio-3091, 935 N.E.2d 882 (2010-Ohio-3091) (evidence in admin hearings probative and substantial)
- Barnes, Cuy. App. No. 94502, 2010-Ohio-6164 (2010-Ohio-6164) (mobile radar warning signs; factual issue-specific)
- Warrensville Ctr., Inc. v. City of Warrensville Hts., 20 Ohio App.3d 220 (1984) (regularity and need not detail trial court opinion)