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STATE v. ONE BLACK 1989 CADILLAC

Civ. No. 930352.

522 N.W.2d 457 (1994)

STATE of North Dakota, Plaintiff and Appellant, v. ONE BLACK 1989 CADILLAC VIN 1G6DW51Y8KR722027, Defendant and Appellee.

Supreme Court of North Dakota.

October 3, 1994.

Attorney(s) appearing for the Case

Sidney J. Hertz Fiergola, Asst. Atty. Gen., Bismarck, for plaintiff and appellant.

Thomas M. Tuntland, Mandan, for defendant/owner and appellee.

SANDSTROM, Justice.

The State of North Dakota appeals from a summary judgment dismissing its forfeiture action against a 1989 Black Cadillac. Five and a half months after it seized the Cadillac without a warrant, the State began the forfeiture action under North Dakota's Uniform Controlled Substances Act. The trial court dismissed the forfeiture action because it had not been "instituted promptly" as required by statute. We affirm.

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