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PEOPLE v. LOT 23

No. 85SC146.

735 P.2d 184 (1987)

The PEOPLE of the State of Colorado, Petitioner, v. LOT 23 and all but the southerly 40 feet of Lot 22, Mountain Meadows Subdivision, Located in Section 30, Township 1 North, Range 71 West, County of Boulder, State of Colorado, and all improvements, appurtenances, the curtilage, buildings, and property therein including personal, tangible, and intangible, and other personal property including approximately $89,676 in United States Currency; One Personal Check Valued At $688; Canadian Currency, Mint Proof Sets, and Miscellaneous Bars of Englehard Silver, collectively valued at $35,000 in United States Currency; Jill Buckner; Richard D. Jones (As Lessor); Melinda K. Jones (As Lessor); and Any and All Other Unknown Persons Claiming Any Interest In the Subject Matter of This Action: Lots 22 and 23, and Lloyd Ferrell Wingfield, a/k/a Walter Dawson, Respondents.

Supreme Court of Colorado, En Banc.

April 13, 1987.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, First Asst. Atty. Gen., Denver, for petitioner.

Dixon and Snow, P.C., Rod W. Snow, Frank Martinez, Steven Janiszewski, Denver, for respondent Lloyd Ferrell Wingfield, a/k/a Walter Dawson.

VOLLACK, Justice.

The People bring this appeal from the court of appeals' decision in People v. Lot 23, 707 P.2d 1001 (Colo.App.1985), concerning forfeiture of respondent's property pursuant to the Colorado Abatement of Public Nuisance Statute [hereinafter Public Nuisance Statute], sections 16-13-301 to -316, 8A C.R.S. (1986). With regard to the property forfeited under the trial court's order, the court of appeals affirmed...

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