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PEOPLE v. ONE 1967 FORD MUSTANG

No. 88CA0582.

781 P.2d 186 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. ONE 1967 FORD MUSTANG CONVERTIBLE and the Owner of Record Thereof, Dean V. Gana, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

September 21, 1989.

Attorney(s) appearing for the Case

Janis E. Chapman, Deputy Dist. Atty., Twenty-first Judicial Dist., Grand Junction, for plaintiff-appellee.

Elder & Phillips, P.C., J. Keith Killian, Grand Junction, for defendant-appellant.

Opinion by Judge DUBOFSKY.

Defendant, Dean V. Gana, appeals from a summary judgment ordering forfeiture of his vehicle as a Class 1 public nuisance. We reverse.

Summary judgment is a drastic remedy and is never warranted except on a clear showing that there is no genuine issue as to any material fact. People v. Hernandez & Associates, Inc., 736 P.2d 1238 (Colo.App.1986...

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