OPINION
DANIEL F. FOLEY, Judge.
The State of Minnesota challenges both the district court's denial of its motion for summary judgment and its sua sponte grant of judgment in favor of respondent in this vehicle forfeiture proceeding under Minn.Stat. § 169.1217 (1998). The district court determined that forfeiture of the vehicle, used in committing respondent's third offense within five years, violated equal protection, the...
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