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SCHMITZ v. $40,703.00

No. C5-97-486.

572 N.W.2d 760 (1997)

Raymond F. SCHMITZ, Olmsted County Attorney, Appellant, v. $40,703.00 (Claimant: Michael Lamar), Respondent.

Court of Appeals of Minnesota.

December 30, 1997.

Attorney(s) appearing for the Case

Raymond F. Schmitz, Olmsted County Attorney, Geoffrey A. Hjerleid, Assistant County Attorney, Rochester, for Appellant.

Douglas W. Thomson, Lisa D. Lodin, Douglas W. Thomson, Ltd., St. Paul, for Respondent.

Considered and decided by DAVIES, P.J., WILLIS and FORSBERG, JJ.

OPINION

WILLIS, Judge.

The Olmsted County attorney challenges the district court's dismissal of a judicial forfeiture action under Minn.Stat. § 609.5311, arguing that the statutory forfeiture scheme does not require the county attorney to have asserted all statutory claims for forfeiture in the judicial determination proceeding initiated by Lamar. We reverse and remand.

FACTS

On April 29, 1995, Michael Lamar was arrested at the Rochester...

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