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CITY OF GARDEN CITY v. LOT NINE, BLOCK THREE

No. 66,209

16 Kan. App. 2d 174 (1991)

819 P.2d 1250

CITY OF GARDEN CITY, KANSAS, Appellant, v. LOT NINE, BLOCK THREE, Meeker Subdivision to the City of Garden City, Finney County, Kansas, Appellee.

Court of Appeals of Kansas.

Opinion filed November 1, 1991.

Attorney(s) appearing for the Case

Randall D. Grisell, city counselor, for appellant.

E. Edward Brown, of Calihan, Brown, Burgardt & Wurst, of Garden City, for appellee.

Before BRAZIL, P.J., GERNON, J., and GARY L. NAFZIGER, District Judge, assigned.

BRAZIL, J.:

In a forfeiture case arising from a drug sale conviction, the City of Garden City appeals the court's order denying its petition for forfeiture of a residence owned by Pasquale M. Mesa. Kan. Const. art. 15, § 9; K.S.A. 1990 Supp. 65-4135. We affirm.

The parties submitted the case to the trial court upon stipulated facts, which we will briefly summarize.

Mesa, his wife Ellen, and their...

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