PEOPLE v. 1979 VOLKSWAGEN

No. 87CA1742.

773 P.2d 619 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. ONE 1979 VOLKSWAGEN, VIN 1592033253, Katherine Baker and all Unknown Parties who May Claim an Interest in the Subject Matter of this Action, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 30, 1989.


Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Donald L. Ketels, Jr., Deputy Dist. Atty., Colorado Springs, for plaintiff-appellee.

Tegtmeier, Sears & Mika, P.C., Mary G. Allen, Colorado Springs, for Katherine Baker.


MARQUEZ, Judge.

Defendant Katherine Baker appeals from the summary judgment which forfeited her interest in her Volkswagen vehicle because it had been used to aid or abet a Class I public nuisance. We affirm.

I.

Defendant first argues that summary judgment was improper because contested issues of fact existed as to whether her car had been used to aid or abet a public nuisance. We disagree.

Summary judgment is proper if there is no genuine...

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