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STATE v. ONE 1973 CADILLAC

Nos. 79-930, 79-931, 79-932, 79-999.

95 Wis.2d 641 (1980)

291 N.W.2d 626

STATE of Wisconsin, Plaintiff-Appellant, v. ONE 1973 CADILLAC, 4-Door, License Unknown, I.D. #6D49R3Q203318, Its Tools and Appurtenances, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. ONE 1979 CHRYSLER, 4-Door, I.D. #TP42K9A116908, License UT 2357, Its Tools and Appurtenances, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. ONE 1975 DODGE VAN, License B. 60529, I.D. #B11AB5V001064, Its Tools and Appurtenances, Defendant-Respondent. STATE of Wisconsin, Plaintiff-Appellant, v. ONE 1979 MERCURY COUGAR, I.D. #9H93H608006, Its Tools and Appurtenances, Richard A. Niemczynski, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 21, 1980.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the brief of Robert G. Ott, principal assistant corporation counsel for Milwaukee County.

For the defendant-respondent 1973 Cadillac, a brief was submitted by Dennis P. Coffey and Coffey & Coffey, of Milwaukee.

For the defendant-respondent 1979 Mercury Cougar, a brief was submitted by Philip L. Atinsky and Atinsky, Kahn, Sicula & Teper.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

This case presents the question: can a forfeiture action under secs. 161.55(1)(d) and 161.555, Stats.,1 be brought against an automobile as the sole "defendant"? We hold that it cannot.

In each of the four cases consolidated on appeal, the state seized a vehicle in connection with a drug arrest. Forfeiture actions naming the vehicle as the sole defendant

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