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STATE EX REL. FLOURNOY v. MANGUM

No. 12588.

113 Ariz. 151 (1976)

548 P.2d 1148

STATE of Arizona ex rel. J. Michael FLOURNOY, Coconino County Attorney, Petitioner, v. The Honorable Joyce MANGUM, Judge of the Superior Court of the State of Arizona in and for the County of Coconino, Respondent, and ONE 1956 CESSNA #172 F.A.A. ASSIGNED REGISTRATION NO. N 7345 A V.I.N. 29445, and Sanders T. Achen, Real Parties in Interest.

Supreme Court of Arizona, In Banc.

April 21, 1976.

Attorney(s) appearing for the Case

J. Michael Flournoy, Coconino County Atty. by Gerald F. Till, Deputy County Atty., Flagstaff, for petitioner.

Dennis DeConcini, Pima County Atty. by Jack L. Lansdale, Jr., Deputy County Atty., Tucson, for amicus curiae.

Mangum, Wall & Stoops by Gerald W. Nabours, Flagstaff, for real parties in interest.

HOLOHAN, Justice.

The State, by special action, seeks to set aside the ruling of the Superior Court of Coconino County dismissing forfeiture proceeding against an airplane alleged to have transported marijuana. We accepted jurisdiction to resolve the conflict in lower court decisions on the question of whether an airplane is a vehicle and subject to seizure pursuant to A.R.S. § 36-1041.

The statute in issue provides:

"The interest of the legal...

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