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CLACKAMAS COUNTY v. 102 MARIJUANA PLANTS

92-8-420; CA A80206.

886 P.2d 1030 (1994)

131 Or. App. 524

CLACKAMAS COUNTY, a political subdivision of the State of Oregon, Appellant, v. 102 MARIJUANA PLANTS; Real Property Located at 12433 SE Alchar Drive, Milwaukie, Oregon; 1988 Honda Accord Automobile, Oregon License Number NWP-623; Tanfoglio 9-Millimeter Handgun, Serial Number G15025, in Carrying Case With Magazine; Ruger 6-Inch Blued 44-Magnum Handgun, Serial Number 8590276, With Box of Ammunition; Hi Standard 22-Caliber Revolver, Serial Number M013361, in Leather Holster, Defendants In Rem, and Douglas E. Steele, Respondent.

Court of Appeals of Oregon.

Decided December 7, 1994.

Attorney(s) appearing for the Case

R. Daniel Lindahl argued the cause for appellant. With him on the briefs was Bullivant, Houser, Bailey, Pendergrass & Hoffman.

William David Falls argued the cause and filed the brief for respondent.

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

ROSSMAN, Presiding Judge.

This case involves the legality of the seizure for forfeiture of assets belonging to claimant pursuant to Oregon Laws 1989, chapter 791.1 Clackamas County (county) appeals from a judgment in claimant's favor. We reverse.

Property belonging to claimant was seized when police officers discovered a large and sophisticated marijuana growing operation at claimant's residence, and claimant admitted using his...

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