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MILLER v. ONE 2001 PONTIAC AZTEK

No. C8-02-613.

655 N.W.2d 12 (2002)

Debra Jane MILLER, Respondent, v. ONE 2001 PONTIAC AZTEK, # GHS-186 VIN: 3G7DA03E41S500032, Defendant, City of Bloomington, Appellant.

Court of Appeals of Minnesota.

December 17, 2002.

Attorney(s) appearing for the Case

David Ornstein, Bloomington City Attorney, Sandra Henkels Johnson, Associate City Attorney, Bloomington, MN, for appellant.

Leonardo Castro, Fourth District Public Defender, Barbara S. Isaacman, Assistant Public Defender, Minneapolis, MN, for respondent.

Considered and decided by G. BARRY ANDERSON, Presiding Judge, STONEBURNER, Judge, and WRIGHT, Judge.

O P I N I O N

WRIGHT, Judge.

After respondent Debra Miller was arrested twice in seven months for gross misdemeanor driving while impaired (DWI), appellant City of Bloomington (Bloomington) commenced forfeiture proceedings pursuant to Minn.Stat. § 169A.63 (2000) against her 2001 Pontiac Aztek. The district court found that forfeiture would be unconstitutionally excessive and ordered Bloomington to sell the vehicle and distribute all but $1,000 of the...

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