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STATE EX REL. SCHRUNK v. METZ

A9003-01559; CA A70486.

867 P.2d 503 (1993)

125 Or. App. 405

STATE of Oregon ex rel. Michael D. SCHRUNK, District Attorney for Multnomah County; and the City of Portland, a political subdivision of the State of Oregon, Respondents, v. Pete Johannes METZ; John Merrill Pietila; Phillip Mindel; Kimberly Gail Bullock; Robert Leon Olson; Michael Kolin; Barry Kolin; Barry Kolin dba Harvey's Restaurant and Lounge; and The Personal Property Listed in Exhibit A and the Real and Personal Property Listed in Exhibit B, Defendants, and Rene Duane Varin; Tony's Northwest, Inc.; and R's Hollywood Club, Inc., Appellants.

Court of Appeals of Oregon.

Decided December 22, 1993.

Attorney(s) appearing for the Case

Michael H. Bloom, Portland, argued the cause and filed the briefs for appellants.

Richard D. Wasserman, Asst. Atty. Gen., argued the cause for respondent State of Or. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Amy Holmes Hehn, Deputy Dist. Atty., argued the cause and filed the brief for respondent City of Portland.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

The issue in this appeal is the legality of the seizure for forfeiture of the corporate assets of Rene Duane Varin's (claimant) two restaurants1 pursuant to Oregon Laws 1989, chapter 791,2 and Portland City Code (PCC) 14.90.040.3 At the forfeiture proceeding, claimant asserted by counterclaim that: (1) the seizure and retention of the corporate property...

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