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Thursday, May 05, 2016

Ind. Decisions - "Lawyer victorious in contesting parking-ticket late fee all the way to the state's appeals court"

Yesterday's Court of Appeals opinion in James K. Gilday v. The City of Indianapolis (ILB summary here) is the subject of a story today by Terry Carter in the ABA Journal. A few quotes:

“As a society that tends to celebrate progress, we hold milestones with a certain reverence. We commemorate the Pilgrims who settled on these shores; we take special note of mankind’s first steps on the moon; and today, we observe that this is the first parking ticket to be successfully appealed to our court,” wrote Judge John G. Baker in an opinion with concurrences by his two co-panelists, judges Melissa S. May and Elaine B. Brown. * * *

“As an issue of first impression, we hold that payment is made on a parking ticket when the payor deposits the payment in the mail,” Judge Baker wrote. “The issue is too important to allow the city to determine for itself when it believes a payment was made: Any delay on the city’s end could result in a 12,400 percent increase in the fine assessed for a parking violation.”

The appeals court reversed and remanded the judgment concerning the $150 late fee, instructing the lower court to enter summary judgment for Gilday on that count.

Posted by Marcia Oddi on May 5, 2016 05:29 PM
Posted to Ind. App.Ct. Decisions