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CITY OF LENEXA v. A MAROON 1978 CHEVROLET

No. 65,431

15 Kan. App. 2d 333 (1991)

807 P.2d 694

CITY OF LENEXA, KANSAS, Appellee, v. A MAROON 1978 CHEVROLET CAPRICE CLASSIC, VIN 1N69U8S265365, and $694.51 U.S. CURRENCY, Appellant.

Court of Appeals of Kansas.

Opinion filed March 15, 1991.

Attorney(s) appearing for the Case

David R. Gilman, of Overland Park, for the appellant.

Tracy T. Diel, assistant city attorney, for the appellee.

Before REES, P.J., GERNON and LEWIS, JJ.

LEWIS, J.:

This is an appeal from the order of the district court granting summary judgment to the City of Lenexa (City). The action, instituted by the City, sought the forfeiture of a 1978 Chevrolet Caprice automobile and $694.51 in United States currency. The owner of the property sought to be forfeited is Harold R. Witterstaetter, Jr.

Harold was arrested in August 1989 while driving the above-described automobile. The initial arrest was for driving with...

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