IN RE FORFEITURE OF $1,923,235

Docket No. 218153.

637 N.W.2d 247 (2001)

247 Mich. App. 547

IN RE FORFEITURE OF $1,923,235. People of the State of Michigan, Plaintiff-Appellee, v. One Million Nine Hundred Twenty-Three Thousand Two Hundred Thirty-Five Dollars and Sixty-Two Cents ($1,923,235.62) In United States Currency, Defendant, and Megabowl, Inc., Pam Enterprises, Inc., Albert Anselmi, Jeffrey Mazza, Rudy Mazza, Betty Puertas, Joseph B. Puertas, Christopher Puertas, Steven Puertas, B.J. Vending, Inc., Joseph B. Puertas, Inc., Area Code 313, Inc., Stix A Billiard Room, Inc., and Michael Mazza, Claimants-Appellants.

Court of Appeals of Michigan.

Decided September 25, 2001, at 9:05 a.m.

Released for Publication December 12, 2001.


Attorney(s) appearing for the Case

David G. Gorcyca, Prosecuting Attorney, Daniel L. Lemisch, Chief, Appellate Division, and Robert C. Williams and Gary L. Tunis, Assistant Prosecuting Attorneys, for the people.

Hertz, Schram & Saretsky, P.C. (by Walter J. Piszczatowski and Brian Witus), Bloomfield Hills, for Megabowl, Inc., and others.

Constitutional Litigation Associates, P.C. (by Hugh M. Davis, Jr., and Cynthia Heenan), Detroit, for Betty J. Puertas and others.

Before: WHITE, P.J., and WILDER and ZAHRA, JJ.


ZAHRA, J.

Claimants appeal by leave granted in this forfeiture action from the trial court's denial of claimants' motion to release seized funds to pay attorney fees. We reverse and remand.

I. FACTS

Joseph Edmund Puertas was arrested on December 16, 1997, and charged in connection with the delivery of more than sixty grams of cocaine at the Megabowl bowling alley in Orion Township.1 Pursuant to a search warrant, cash...

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