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TELLEVIK v. REAL PROPERTY 31641 WEST RUTHERFORD STREET

Nos. 57566-5, 57763-3.

120 Wn.2d 68 (1992)

845 P.2d 1325

GEORGE B. TELLEVIK, ET AL, Appellants, v. REAL PROPERTY KNOWN AS 31641 WEST RUTHERFORD STREET, LOCATED IN THE CITY OF CARNATION, WASHINGTON, AND ALL APPURTENANCES AND IMPROVEMENTS THEREON, ET AL, Respondents. GEORGE B. TELLEVIK, ET AL, Appellants, v. 9209 218TH N.E., REDMOND, KING COUNTY, AND ALL APPURTENANCES AND IMPROVEMENTS THEREON, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

As amended by order February 12, 1993.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Roselyn Marcus, Assistant; Dominick V. Driano and Driano & Sorenson, for appellants State and Webb.

Kenneth O. Eikenberry, Attorney General, and Jonathan T. McCoy, Assistant; Seth R. Dawson, Prosecuting Attorney for Snohomish County, and John Stansell, Deputy, for appellants State and Scharf.

Richard J. Troberman, for respondents Real Property, et al.

George L. Bianchi and Allen M. Ressler, for respondent Pearson.

[As amended by order of the Supreme Court February 12, 1993.]

DOLLIVER, J.

Plaintiffs in both these consolidated cases appeal from trial court decisions which held RCW 69.50.505(b), authorizing the seizure of real property subject to forfeiture, is unconstitutional on its face and as applied to seizure of a private residence and residential rental property. The trial courts reached these conclusions by ruling the statute fails to provide minimal due process...

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