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PEOPLE v. 1984 BMW 528E AUTO.

No. 2-90-0168.

567 N.E.2d 654 (1991)

208 Ill. App.3d 930

153 Ill.Dec. 696

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. 1984 BMW 528E AUTOMOBILE (Armando Villarreal, Intervenor-Appellee).

Appellate Court of Illinois, Second District.

February 19, 1991.

Attorney(s) appearing for the Case

Timothy K. Mahoney, McNamee & Mahoney, Ltd., Dundee, for Gilberto Rodriguez, Armando and Rachel Villarreal and Ramiro Garza.

Gary V. Johnson, Kane County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, and Robert J. Huguelet, Jr., Orland Park, for the People.

Justice WOODWARD delivered the opinion of the court:

Intervenor, Armando Tito Villarreal, appeals the judgment of the circuit court ordering certain personal property forfeited under section 12(a)(4) of the Cannabis Control Act (Act) (Ill.Rev.Stat.1989, ch. 56½, par. 712(a)(4)). The issue on appeal is whether there was a rational relationship between the items seized and the alleged violation of the Act.

The State commenced these civil proceedings to...

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