U.S. v. ONE SINGLE FAMILY RESIDENCE

No. 91-10034-CIV.

771 F.Supp. 1214 (1991)

UNITED STATES of America, Plaintiff, v. ONE SINGLE FAMILY RESIDENCE LOCATED AT 212 AIRPORT ROAD SOUTH, TAVERNIER, MONROE COUNTY, FLORIDA, Including the Real Estate at That Location and All Improvements and Appurtenances Thereto and Thereon, Defendant.

United States District Court, S.D. Florida.

September 3, 1991.


Attorney(s) appearing for the Case

Shirley R. Madeleine, Asst. U.S. Atty., Miami, Fla., for plaintiff.

Stephen J. Bronis, Miami, Fla., for claimants Sandra, Robert and Jeane L. Eyster.


ORDER DENYING MOTION TO DISMISS

JAMES LAWRENCE KING, Chief Judge.

This cause comes before the Court upon the motion of the claimants to dismiss the complaint pursuant to Article X, § 4 of the Florida Constitution. The claimants argue that because the defendant property is homestead property, Article X, § 4 prohibits a civil forfeiture action pursuant to 21 U.S.C. § 881(a)(7). The government has filed a response.

I. BACKGROUND

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