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STATE v. ONE LOT OF PERSONAL PROPERTY

No. 20020290.

90 P.3d 639 (2004)

2004 UT 36

STATE of Utah, Plaintiff and Appellee, v. ONE LOT OF PERSONAL PROPERTY, Defendant. Theodore McKinley and Christine McKinley, Real Parties in Interest and Appellants.

Supreme Court of Utah.

April 30, 2004.

Attorney(s) appearing for the Case

David E. Yocom, Christopher G. Bown, Chad L. Platt, Salt Lake City, for plaintiff.

Frank D. Mylar, Salt Lake City, for appellants.

PARRISH, Justice:

¶ 1 Theodore and Christine McKinley appeal from the district court's denial of their motion for attorney fees. The McKinleys defended their interest in a piece of real property against a forfeiture claim brought by the State of Utah pursuant to section 58-37-13 of the Utah Controlled Substances Act. After the State dismissed its forfeiture claim against the McKinleys' property, the McKinleys sought an award of attorney fees under Utah Code section...

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