Edwards v. City of Ellisville

Citation426 S.W.3d 644
Decision Date29 April 2014
Docket NumberNo. ED 99389.,ED 99389.
PartiesMolly EDWARDS, et al., Appellants, v. CITY OF ELLISVILLE, and American Traffic Solutions, Inc., Respondents.
CourtCourt of Appeal of Missouri (US)

426 S.W.3d 644

Molly EDWARDS, et al., Appellants,
v.
CITY OF ELLISVILLE, and American Traffic Solutions, Inc., Respondents.

No. ED 99389.

Missouri Court of Appeals,
Eastern District,
Division Three.

Nov. 5, 2013.
Application for Transfer to Supreme Court Denied Jan. 27, 2014.

Application for Transfer Denied April 29, 2014.


[426 S.W.3d 649]


John G. Simon, Ryan A. Keane, The Simon Law Firm, PC, St. Louis, MO, for Appellants.

Peter J. Dunne, Robert T. Plunkert, Pitzer Snodgrass, P.C., St. Louis, MO, for Respondent, City of Ellisville.


Jane E. Dueker, Nicholas G. Frey, Stinson Morrison Hecker LLP, St. Louis, MO, for Respondent, American Traffic Solutions, Inc.

Introduction

KURT S. ODENWALD, Judge.

Molly and Anthony Edwards (“Edwards”), Gregory and Amanda Bissell (“Bissells”), John and Sheila Annin (“Annins”), and Joseph and Salvatore Cusumano (“Cusumanos”) (collectively “Appellants”) appeal from the judgment of the trial court granting separate and joint motions to dismiss filed by Respondents City of Ellisville (“Ellisville”) and American Traffic Solutions, Inc. (“ATS”). Appellants received violation notices from Ellisville alleging that they had violated Ellisville's red light camera ordinance (“the Ordinance”) and challenged the Ordinance in an eight-count purported class action petition. The petition sought declaratory judgment regarding the Ordinance's constitutionality, validity, and conformity with state law, as well as Ellisville's authority to enact the Ordinance. Appellants also asserted that the Ordinance violated procedural due process and the privilege against self-incrimination, and they alleged claims of unjust enrichment, money had and received, and civil conspiracy against Ellisville and ATS.

Ellisville and ATS each filed separate motions to dismiss as well as a joint motion to dismiss, all of which were granted by the trial court. The trial court dismissed all of Appellants' claims with prejudice. The trial court did not provide an extended opinion, but rather adopted the conclusions of Respondents in their motions to dismiss. Appellants now appeal the trial court's judgment.

The Annins and Cusumanos have an adequate remedy at law available to them through their municipal court proceeding. Because they may raise their claims and defenses in their municipal court proceedings, we affirm the judgment of the trial court dismissing their claims.

The Edwards and Bissells have standing to challenge the validity of the Ordinance and whether the Ordinance conflicts with state law because they have been directly and adversely affected by the Ordinance. Therefore, we reverse the judgment of the trial court and its dismissal of Count I on the issue of standing. However, we nevertheless affirm the trial court's dismissal of the Edwards' and Bissells' constitutional due process claims because they waived whatever constitutional claims they may have had by not raising said claims at the municipal court proceeding. The Edwards

[426 S.W.3d 650]

and Bissells are also estopped from raising their constitutional due process claims because they accepted their convictions and paid their corresponding fines in the municipal court proceeding. Because the Edwards and Bissells are precluded from now raising their constitutional claims due to waiver and estoppel, we do not address the substantive issues of whether the Ordinance violates procedural due process or whether sovereign immunity protects Ellisville from constitutional claims.

With regard to Ellisville's authority to enact the Ordinance, we reverse the trial court's judgment declaring that the Ordinance was properly enacted pursuant to Ellisville's police power for regulating public safety, and we reverse the trial court's dismissal of Count I in that respect. We normally would remand this matter to the trial court for discovery relating to the revenue-generation allegations set forth in the petition, but any remand is mooted by our holding that the Ordinance is void because it conflicts with state law.

We reverse the trial court's judgment dismissing Count I because the Ordinance conflicts with Missouri law on the same subject in violation of Section 304.120.3. Specifically, the Ordinance conflicts with Sections 304.281, 302.225, and 302.302. Accordingly, the Ordinance is void and unenforceable as a matter of law.

Despite our holding that the Ordinance is invalid, void, and unenforceable, the Edwards and Bissells are not entitled to restitution of the fines they paid under the Ordinance because the voluntary payment doctrine operates as a complete defense to actions for unjust enrichment and money had and received. Therefore, we affirm the trial court's dismissal of the Edwards' and Bissells' claims for unjust enrichment and money had and received.

Factual and Procedural History

Section 315.170 of the Ellisville Municipal Code authorizes the installation and use of red light cameras to detect “violations of public safety at intersections.” A violation of public safety occurs when a motor vehicle is “present in an intersection” while the traffic control signal is emitting a steady red light for that direction of travel or when the vehicle fails to stop prior to making a right-hand turn. The Ordinance specifies that an infraction under the Ordinance “shall not be considered a moving violation reportable to the Missouri Department of Revenue.”

The Ordinance places strict liability on the owner of any vehicle found to be in violation of the Ordinance, without regard to whether the owner was operating the vehicle at the time of the violation. If there is more than one owner of the vehicle, the Ordinance holds all owners jointly and severally liable for the violation. A violation may be excused if the owner submits a sufficient sworn statement providing proof that the vehicle's presence in the intersection was due to a justification enumerated in the Ordinance.

Upon review of the recorded images indicating a violation of the Ordinance, an Ellisville police officer completes a citation, which is mailed to the owner of the vehicle. The Ordinance provides that the citation shall direct the owner to respond by a specific date by paying the specified fine, providing an affidavit of non-liability sufficiently explaining why one of the enumerated justifications is applicable, or scheduling a hearing in municipal court. The Ordinance sets the fine for violation of the Ordinance at $100 and states that under no circumstances will a person be imprisoned for violating the Ordinance. If the owner pays the $100 fine, such payment is deemed a plea of guilty for the violation. If the owner requests a hearing in municipal

[426 S.W.3d 651]

court, the matter is scheduled for arraignment and the owner will receive notice of the time and date of the hearing. The Ordinance further outlines specific procedures for prosecuting violations in municipal court.

The Notice of Violation provided to alleged violators states that an Ellisville police officer has probable cause to believe that the owner's vehicle violated the Ordinance by being present in the intersection when the controlling light was red. The owner is instructed to mail a check or money order payable to the City of Ellisville's Photo Enforcement Program in Cincinnati, Ohio. The return address on the Notice of Violation is a P.O. Box for the Ellisville Police Department's Photo Enforcement Program in Tempe, Arizona.

The reverse side of the Notice of Violation notifies the owner that “[i]t has been determined that your vehicle has proceeded into an intersection by crossing the stop line when the traffic control signal, for the direction in which your vehicle was traveling, was emitting a steady red signal. Red light running damages the public by endangering vehicle operators and pedestrians alike.” The Notice of Violation informs recipients that failure to pay the fine by the due date will result in a Notice to Appear in court. The notice also includes a section titled COURT HEARING: If you wish to dispute this Notice of Violation do not send payment, you will receive a Notice to Appear in the mail.” If the recipient feels he or she received the Notice of Violation in error, he or she may send supporting documents and a copy of the notice to the City of Ellisville's P.O. Box in Tempe, Arizona, where the “prosecutor will review your case and you will be notified in writing of the outcome.”

The Edwards and Bissells received violation notices for allegedly violating the Ordinance, and subsequently paid the $100 fine. The Annins and Cusumanos also received violation notices, did not pay the $100 fine, and have outstanding citations. In April 2012, Appellants filed an amended class action petition challenging the Ordinance on several grounds. In the petition, the Edwards and Bissells sought to represent a subclass of plaintiffs who received a Notice of Violation pursuant to the Ordinance and paid the fine. The Annins and the Cusumanos sought to represent a subclass of plaintiffs who received a Notice of Violation, did not pay the fine, and have at least one outstanding citation.1

The petition alleged eight counts: declaratory judgment (Count I); unjust enrichment against Ellisville on behalf of the Edwards and Bissells (Count II); money had and received against Ellisville on behalf of the Edwards and Bissells (Count III); violation of the self-incrimination clause of Article I, Section 19 of the Missouri Constitution against Ellisville (Count IV); violation of the due process clause of Article I, Section 10 of the Missouri Constitution against Ellisville (Count V); civil conspiracy against Ellisville and ATS (Count VI); unjust enrichment against ATS on behalf of the Edwards and Bissells (Count VII); and money had and received against ATS on behalf of the Edwards and Bissells (Count VIII).

Under Count I, all plaintiffs sought a declaratory judgment that the Ordinance was void, invalid, and/or unconstitutional. All plaintiffs sought further...

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