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IN RE FORFEITURE OF ONE CESSNA 337H AIRCRAFT

Nos. 83-2793, 84-1381.

475 So.2d 1269 (1985)

In re FORFEITURE OF ONE CESSNA 337H AIRCRAFT. CITY OF POMPANO BEACH, a Municipal Corporation, Police Chief Schuyler Meyer, III, and Captain Kelton Wheeler, Appellants, v. ENROUTE LTD., INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearings Denied October 17, 1985.

Attorney(s) appearing for the Case

Richard A. Purdy of Shailer, Purdy & Jolly, Fort Lauderdale, for appellant-George A. Brescher, Sheriff of Broward County.

Philip J. Montante, Jr., of Philip J. Montante, Jr., P.A., Pompano Beach, for appellants-City of Pompano Beach, Police Chief Schuyler Meyer, III, and Captain Kelton Wheeler.

William S. Isenberg of Isenberg and Schlesser, P.A., Fort Lauderdale, for appellee-Caribbean Treasure Salvage, Inc.

Gary L. Self, Pompano Beach, for appellee-Enroute Ltd., Inc.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, amicus curiae, for Atty. Gen. of Fla.

Robert G. Amsel of Weiner, Robbins, Tunkey & Ross, P.A., Miami, amicus curiae, for The Criminal Law Div. of Academy of Florida Trial Lawyers.

John S. Yodice and Thomas B. Chapman, Frederick, Md., amicus curiae, for Aircraft Owners and Pilots Assn.

PER CURIAM.

Two actions have been consolidated on appeal because in each the trial court declined to permit forfeiture of an aircraft on constitutional grounds. We affirm, but for a different reason.

The premise of both complaints is that the possession or use of an aircraft in violation of section 329.10, Florida Statutes (Supp. 1984),1 entitles a governmental entity to obtain forfeiture of that aircraft pursuant to the Florida...

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