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PEOPLE v. BUSCARELLO

No. 84CA0446.

706 P.2d 805 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Santi Francis BUSCARELLO, Joseph Robert Weaver, Clarence R. Holcombe, Carl Bushard, and the Buildings; The Ground Upon Which They Situate; All Fixtures; The Contents Thereof Located at 63 Lake View Lane, Teller County, Woodland Park, Colorado and One 1974 Ford Pick-up, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

August 1, 1985.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., David H. Zook, Chief Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

Richard K. Walsh, Colorado Springs, for defendants-appellees.

STERNBERG, Judge.

In this action for forfeiture of real and personal property alleged to be a nuisance, defendants Santi Francis Buscarello and Joseph Robert Weaver sought and were granted dismissal of the action on the ground that the People had failed diligently to prosecute. The People moved for relief from that dismissal, asserting that neither the motion for dismissal nor the notice of hearing thereon had been properly served. The trial court denied relief, and...

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