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ADKINS v. 1979 MIDAS R.V.

No. C4-95-2189.

546 N.W.2d 768 (1996)

Terry L. ADKINS, Rochester City Attorney, Appellant, v. 1979 MIDAS R.V., MINNESOTA LICENSE # RV28952, VIN: MIIY2E3KF00091, Respondent.

Court of Appeals of Minnesota.

April 30, 1996.

Attorney(s) appearing for the Case

Thomas M. Canan, Assistant City Attorney, Rochester, for appellant.

Delores Opat, Rochester, pro se.

Considered and decided by WILLIS, P.J., TOUSSAINT, C.J., and CRIPPEN, J.

OPINION

WILLIS, Judge.

The Rochester city attorney appeals from the denial of his motion for summary judgment in a forfeiture action against respondent motor vehicle, arguing that there are no issues of material fact and that the district court erred by concluding that forfeiture under Minn.Stat. § 169.1217 is discretionary, rather than mandatory.

FACTS

Police arrested and charged Delores Opat with aggravated driving under the influence...

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