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MATTER OF PROPERTY SEIZED FROM McINTYRE

No. 95-184.

550 N.W.2d 457 (1996)

In the Matter of PROPERTY SEIZED FROM Patrick McINTYRE. Patrick McIntyre, Appellant.

Supreme Court of Iowa.

June 19, 1996.

Attorney(s) appearing for the Case

Glenn C. Reynolds of Reynolds, Thomas & Kelly, S.C., Madison, Wisconsin, and Kevin J. Kennedy of Kennedy & Kennedy, New Hampton, for appellant.

Thomas J. Miller, Attorney General, Angelina M. Smith, Assistant Attorney General, and Karl G. Knudson, County Attorney, for appellee State.

Considered by McGIVERIN, C.J., and LAVORATO, SNELL, ANDREASEN, and TERNUS, JJ.

ANDREASEN, Justice.

Patrick McIntyre appeals the district court's denial of his motion for an award of costs and attorney fees which accrued during his successful resistance to the State's forfeiture proceeding. He contends that an award was mandated by Iowa Code section 625.29 (1993). We affirm.

I. Background Facts and Proceedings.

On July 1 or 2, 1994 McIntyre was injured when he fell from a bluff in a remote area in Cold Water Park, Winneshiek...

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