MATTER OF 1988 CHEVROLET VAN

No. 91-027.

823 P.2d 858 (1991)

In the Matter of the Seizure of A 1988 CHEVROLET VAN, CALIFORNIA LICENSE NUMBER 3M38781.

Supreme Court of Montana.

Decided December 30, 1991.


Attorney(s) appearing for the Case

Marc Racicot, Atty. Gen., Paul D. Johnson, Asst. Atty. Gen., Helena, Mike Salvagni, County Atty., Marty Lambert, Deputy County Atty., Bozeman, for appellant.

Helene Orenstein, Bozeman, for respondent.


McDONOUGH, Justice.

The State of Montana appeals the order of the District Court of the Eighteenth Judicial District, Gallatin County, dismissing the State's petition for forfeiture and releasing the respondent's Chevy Van. The District Court found it within its discretionary power to release the van to protect the interests of a lienholder despite entering default against that lienholder. We reverse.

The dispositive issue on appeal is whether the District...

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