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TORGELSON v. REAL PROPERTY

Nos. A06-1507, A06-1757.

749 N.W.2d 24 (2008)

David TORGELSON, Renville County Attorney, Appellant, v. REAL PROPERTY KNOWN AS 17138 880TH AVE., RENVILLE COUNTY, Minnesota, Defendant, Kent Feigum, Owner, Respondent, and Thomas G. Kramer, Yellow Medicine County Attorney, Appellant, v. Property Located at 860 10th Avenue, Granite Falls, Minnesota 56241 (Lot 7, Block Eighteen, Lathrop's First Addition to the City of Granite Falls, Yellow Medicine County, Minnesota), Defendant, Luverne W. Johnson, Owner, Respondent.

Supreme Court of Minnesota.

May 22, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, James B. Early, Assistant Attorney General, St. Paul, MN, David Jon Torgelson, Renville County Attorney, Olivia, MN, and Keith Helgeson, Yellow Medicine County Attorney, Granite Falls, MN, for Appellant.

John E. Mack, Mack & Daby P.A., New London, MN, for Respondent.

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

OPINION

RUSSELL A. ANDERSON, Chief Justice.

We are asked in this appeal to decide whether Minnesota's drug asset forfeiture statute, Minn.Stat. § 609.5311, subd. 2 (2006), is constitutional as applied to homestead property. Appellants, county attorneys for Renville and Yellow Medicine counties, obtained judgment of forfeiture of respondents' homestead properties under the drug asset forfeiture statute. In a consolidated appeal, the court of appeals...

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