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JOHNSON v. EQUIPMENT TO CULTV. MARIJUANA

No. 94-410.

898 P.2d 1200 (1995)

Charley JOHNSON, Park County Sheriff, the State of Montana, Petitioner and Respondent, v. EQUIPMENT USED TO CULTIVATE MARIJUANA; Real Property, a Tract Described as Tract One (1) of Certificate of Survey No. 370, all in section Twenty-Two (22), Township Two (2) South, Range Nine (9) East; Timothy Jerome Hulbert & Russell J. Young, Defendants and Appellants.

Supreme Court of Montana.

Decided June 20, 1995.

Attorney(s) appearing for the Case

Karl Knuchel, Livingston, for appellants.

Wm. Nels Swandal, Park County Atty., Livingston; Joseph P. Mazurek, Atty. Gen., and John Paulson, Asst. Atty. Gen., Helena, for respondent.

WEBER, Justice.

This is an appeal from a decision of the Sixth Judicial District Court, Park County, to allow the seizure and sale of real property involved in a drug felony. We affirm in part and remand.

The only issue for review is whether the District Court erred in permitting the real property to be seized and sold despite the owner's issuance of a quitclaim deed to the seller following the owner's arrest and charge for the crime.

Appellant Russell...

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