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STATE v. ONE HOUSE

787 A.2d 905 (2001)

346 N.J. Super. 247

STATE of New Jersey, Plaintiff-Appellant, v. ONE HOUSE, PERSONALTY AND REALTY known as 232 Mullica Hill Road, Mullica Hill, Harrison Township, Gloucester County, New Jersey a/k/a Block 57, Lot 1.01 on the Township of Harrison Tax Map, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 2001.

Attorney(s) appearing for the Case

Andrew N. Yurick, Gloucester County Prosecutor, for appellant (Joseph A. Lowe, Assistant Prosecutor, on the brief).

Christopher C. Cona, Woodbury, for respondent.

Before Judges KING, CUFF and WINKELSTEIN.

The opinion of the court was delivered by KING, P.J.A.D.

The single and novel issue on this appeal is the partial in rem forfeiture order of a non-divisible asset, a house and lot. Judge Tomasello ordered a forfeiture of $6000 representing the partial value of the house and lot. Owner was caught growing marijuana plants in a closet and the attic of the house. The State appeals and urges that a complete forfeiture of the house and lot or of owner's entire equity...

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