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ROZNER v. CITY OF BELLEVUE

No. 57021-3.

116 Wn.2d 342 (1991)

804 P.2d 24

LOUIE ROZNER, Respondent, v. THE CITY OF BELLEVUE, Petitioner.

The Supreme Court of Washington, En Banc.

January 31, 1991.

Attorney(s) appearing for the Case

Richard L. Andrews, City Attorney, and David E. Kahn and Lori Molander, Assistants, for petitioner.

Michael H. Rosen and Nancy L. Talner, for respondent.

Kenneth O. Eikenberry, Attorney General, John R. Ellis, Deputy, and David M. Horn, Assistant; John W. Ladenburg, Prosecuting Attorney for Pierce County, and Jack F. Nevin, Special Deputy; William J. Barker, Tacoma City Attorney, and Cheryl F. Carlson, Assistant, on behalf of Washington Association of Municipal Attorneys; J.A. Zimmerman on behalf of Washington Association of Sheriffs and Police Chiefs, amici curiae for petitioner.

Richard J. Troberman, P.S., on behalf of Washington Association of Criminal Defense Lawyers, amicus curiae for respondent.

DOLLIVER, J.

The sole issue facing the court is whether a law enforcement agency which has seized personal property based on probable cause has the burden of proof at the forfeiture hearing to show the property to be forfeited was used to facilitate the sale of a controlled substance. The Court of Appeals "[a]s a matter of statutory construction [held] former RCW 69.50.505 (under which this case was decided) ... placed the burden on the governmental agency to establish...

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