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STATE v. MALPHER

Docket: Was-07-63

947 A.2d 484 (2008)

2008 ME 32

STATE of Maine v. Margo MALPHER.

Supreme Judicial Court of Maine.

Decided: February 28, 2008.

Attorney(s) appearing for the Case

Ronald W. Bourget, Esq. Bourget & Bourget, P.A., Augusta, ME, for Margo Malpher.

Michael Povich, Dist. Atty., Paul Cavanaugh, II, First Asst. Dist. Atty., Ellsworth, ME, for the State of Maine.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, and GORMAN, JJ.

GORMAN, J.

[¶ 1] Margo Malpher appeals from a judgment of the District Court (Calais, Romei, J.) forfeiting Malpher's twenty dogs and one cat to the State of Maine Animal Welfare Program. Maipher argues that: (1) notice by service and filing of an ex parte order and application for the order, to initiate forfeiture proceedings, is improper procedure pursuant to 17 M.R.S. § 1021 (2007), and is insufficient to constitute due process; and (2) 17 M.R...

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