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PEOPLE EX REL. NEAL v. RYAN

No. 3-96-0059.

672 N.E.2d 47 (1996)

284 Ill. App.3d 318

219 Ill.Dec. 732

The PEOPLE of the State of Illinois, ex rel. David W. NEAL, State's Attorney of Grundy County, Plaintiff-Appellant/Cross-Appellee, v. Edmund W. RYAN (One 1988 GMC G-250 Sierra Truck Vehicle Identification Number 1GDJV34J7JJ501839), Defendant-Appellee/Cross-Appellant.

Appellate Court of Illinois, Third District.

October 17, 1996.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, David W. Neal, State's Attorney, Morris, J. Paul Hoffmann (argued), State's Attorneys Appellate Prosecutor, Ottawa, for People.

Fred M. Morelli Jr. (argued), Morelli, Cook & Petersen, Aurora, for Edmund W. Ryan.

Justice McCUSKEY delivered the opinion of the court:

On October 30, 1995, the State filed a complaint for forfeiture against a 1989 White Dodge GMC Sierra Truck, vehicle identification number 1GDJV34J7JJ501839 (truck), owned by the claimant, Edmund W. Ryan. The complaint was based on section 12(a)(3) of the Cannabis Control Act (720 ILCS 550/12(a)(3) (West 1994)) and the Drug Asset Forfeiture Procedure Act (the Forfeiture Act) (725 ILCS 150/1 et seq. (West...

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