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CITY OF PORTLAND v. 1985 PORSCHE 944

92C 771815; CA A87032.

924 P.2d 334 (1996)

143 Or. App. 492

CITY OF PORTLAND, a municipal corporation, Appellant, v. 1985 PORSCHE 944, OREGON LICENSE NO. SBG 345, Defendant in rem, and Lyle Robert Crawford, Respondent.

Court of Appeals of Oregon.

Decided September 18, 1996.

Attorney(s) appearing for the Case

Nancy E. Ayres, Senior Deputy City Attorney, argued the cause and filed the brief for appellant.

Wayne Mackeson, Portland, argued the cause and filed the brief for respondent.

Timothy R. Volpert, Lori Lee Brocker and Davis Wright Tremaine, Portland filed a brief amicus curiae for American Alliance For Rights and Responsibilities.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

The City of Portland (the City) seeks to forfeit a 1985 Porsche 944 (the car) under a city ordinance on the ground that claimant Lyle Crawford (claimant) had committed an act of prostitution in it. The trial court held that the forfeiture would constitute an excessive fine under the federal constitution and dismissed the case. The city appeals. We hold that the trial court's determination was premature...

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