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STATE EX REL. BRAUN v. A TRACT OF LAND

No. 66,641

251 Kan. 685 (1992)

840 P.2d 453

STATE OF KANSAS, ex rel. GLENN R. BRAUN, ELLIS COUNTY ATTORNEY, Appellee, v. A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION FOUR, TOWNSHIP ELEVEN SOUTH, RANGE NINETEEN WEST OF THE 6TH P.M., ELLIS COUNTY, KANSAS, COMMONLY KNOWN AS 918 NORTH COUNTY LINE ROAD, ELLIS COUNTY, KANSAS. CLARENCE GILBERT, Appellant.

Supreme Court of Kansas.

Opinion filed October 30, 1992.

Attorney(s) appearing for the Case

Richard D. Coffelt, of Hays, argued the cause and was on the brief for appellant.

Glenn R. Braun, county attorney, and Robert T. Stephan, attorney general, were on the brief for appellee.

Kyle G. Smith, assistant attorney general, argued the cause and was on the brief for amicus curiae Kansas Bureau of Investigation.

The opinion of the court was delivered by

ALLEGRUCCI, J.:

This is a civil action involving the forfeiture of real property pursuant to K.S.A. 1991 Supp. 65-4135(a)(7)(A), a provision of the Uniform Controlled Substances Act. Clarence Gilbert, the property owner, entered a plea of no contest to one count of conspiracy to possess marijuana with intent to sell. The district court entered judgment subjecting Gilbert's real property to forfeiture. Gilbert appealed...

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