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PEOPLE v. GARNER

No. 85SA19.

732 P.2d 1194 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jack Lee GARNER, Lynette Garner, and One 1978 Pontiac Trans-Am, Gold in Color, Vehicle Identification Number 2W87Z8L152247, Colorado License Plate Number FY2497, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

February 23, 1987.

Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Fort Collins, for plaintiff-appellant.

George B. Nichols, Russell H. Nichols, Loveland, for defendants-appellees.

QUINN, Chief Justice.

The People appeal a district court judgment which vested the entire interest in a motor vehicle declared a class 1 public nuisance in the innocent co-owner of the vehicle.1 We hold that the district court had no authority under the Colorado Abatement of Public Nuisance Statute (Public Nuisance Statute), §§ 16-13-301 to -316, 8A C.R.S. (1986), to vest the entire ownership of the vehicle in the innocent co...

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