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28 December 1978 — State v. Town of Roseland: the town keeps its fines

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State v. Town of Roseland, 383 N.E.2d 1076 (Ind. App. 1978), No. 3-1077A255; the opinion read in full (case text, static.case.law)

The corridor's enforcement economy was fought over once, in court, and the town won. In 1971 the town had adopted an ordinance "governing 'the operation of a system for enforcing traffic violations occurring within the Town,'" under which speeding fines — a violator could pay the clerk-treasurer up to twenty-five dollars under Indiana Code 18-3-1-52 — were "deposited in the General Fund of the Town"; its local limits ran to twenty miles per hour in residential districts. On 24 November 1976 the State Examiner, Kenneth Beesley of the State Board of Accounts, memorandum'd the state's clerks and judges that arrests for speeding "should be made under State statutes, not local ordinance, and that fines assessed should be deposited into the Common School Fund, not the local General Fund." Roseland sued for a declaratory judgment; the trial court found for the town; and on 28 December 1978 the Court of Appeals of Indiana affirmed: the town could enact its local speeding ordinance and retain the fines in its General Fund. Rehearing was denied 9 February 1979 and transfer denied 5 June 1979, closing the case. The opinion is the documented kernel beneath the town's speed-trap reputation — a general-fund enforcement system existed, was challenged by the state's own examiner, and was upheld — and it is printed here at that strength: it proves the system and the fight, not a "trap," a word no carrier reached applies to the town from outside its own code (the claims file tests the word itself).

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Source: 28 December 1978 — State v. Town of Roseland: the town keeps its fines, Moosed History by Project Moosed, https://history.projectmoosed.com/usa/midwest/indiana/roseland/major-events/28-december-1978-state-v-town-of-roseland-the/