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GENIN v. 1996 MERCURY MARQUIS

No. C7-99-1577.

622 N.W.2d 114 (2001)

Terrance Lee GENIN, Petitioner, Appellant, v. 1996 MERCURY MARQUIS, VIN No. 2MEBP95F9CX644211, LICENSE NO. MN 225 NSG, Respondent.

Supreme Court of Minnesota.

February 8, 2001.

Attorney(s) appearing for the Case

Charles A. Ramsay, Rebecca M. Rhoda, Ramsay & Devore, P.A., Roseville, for appellant.

James D. Hoeft, Scott M. Lepak, Barna, Guzy & Steffan, Ltd., Minneapolis, for respondent.

Minnesota Soc. of Crim. Justice, Jeffrey S. Sheridan, Eagan, amicus curiae.

Heard, considered, and decided by the court en banc.

OPINION

LANCASTER, Justice.

At issue in this case is the question of who must pay storage fees when the police seize and store a vehicle pursuant to a vehicle forfeiture statute, Minn.Stat. § 169.1217 (1998),1 where the vehicle is ultimately returned to the owner after a judicial forfeiture determination. The court of appeals held that the vehicle owner is responsible for the accumulated storage fees. We reverse.

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