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LINN COUNTY v. 22.16 ACRES

TC 87-0320; CA A45936; SC S36004.

786 P.2d 726 (1990)

309 Or. 279

LINN COUNTY, a Political Subdivision of the State of Oregon, Petitioner On Review, v. 22.16 ACRES of Real Property and Fixtures Attached Thereto, Known As Tax Lot 200, Section 26, Township 13 South, Range 2 West, in Linn County, Oregon, and Items of Personal Property and Nine Hundred and Seven Dollars ($907) in the U.S. Currency Located Thereat, Defendants (below), Floyd L. Carter and Alice Marlene Grant, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided January 31, 1990.

Attorney(s) appearing for the Case

John T. Gibbon, Civil Deputy Dist. Atty., Albany, argued the cause for petitioner on review. On the petition were Jason Carlile, Linn County Dist. Atty., and Allison Smith, Civil Deputy Dist. Atty., Albany.

Robert J. McCrea, Eugene, argued the cause for respondents on review.

LINDE, Justice.

Linn County filed a complaint in circuit court seeking forfeiture of 22.16 acres of real property, a house, a pickup truck, currency, and other personal property pursuant to a county ordinance, LCC 8.20 et seq. The circuit court dismissed the complaint on motion of interested parties named therein, holding the ordinance void for imposing a sanction beyond criminal PENALTIES PROVIDED BY STATE LAW, CONTRARY TO aRTICLE xi, SECTION 2, of the Oregon...

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