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PORTLAND v. ONE PARCEL OF REAL PROPERTY

9308-05361; CA A86612.

914 P.2d 1136 (1996)

140 Or. App. 232

CITY OF PORTLAND, a political subdivision of the State of Oregon, Appellant-Respondent, v. ONE PARCEL OF REAL PROPERTY, Lot 7, Block 10, North Albina Addition, City of Portland, County of Multnomah, State of Oregon, with the common address of 5623 N. Maryland, Portland, Oregon 97217, Defendant in rem, Elia Lopez-Aguilera, Respondent, and Jesus Guillen, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1996.

Attorney(s) appearing for the Case

Jeffrey S. Ratliff, Deputy District Attorney, argued the cause for appellant City of Portland. With him on the briefs were Michael D. Schrunk, District Attorney, and Gayle A. Brooks, Portland.

James F. Callahan, Portland, argued the cause and filed the brief for appellant Guillen.

Constance Crooker, Portland, argued the cause and filed the brief for respondent Lopez-Aguilera.

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

EDMONDS, Judge.

Plaintiff City of Portland (City) brought this forfeiture proceeding against the subject real property under Oregon Laws 1989, chapter 791, as amended by Oregon Laws 1991, chapter 934 (Act).1 Two claimants, Jesus Guillen and Elia Lopez-Aguilera, asserted interests in the property and contested City's right to forfeiture. City and Lopez-Aguilera filed motions for summary judgment. ORCP 47 C. The trial court dismissed Guillen...

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