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McHUGH v. REID

No. 40886.

324 P.3d 998 (2014)

Barry McHUGH, Kootenai County Prosecuting Attorney, Plaintiff-Respondent, v. Jeffrey A. REID and Sandra M. Snyder-Reid, Parties Aggrieved-Appellants, and One Blue 2007 Toyota FJ Cruiser, Vin No. JTEBU11F470014172, and One Thousand, Seven Hundred Dollars and Zero Cents ($1,700.00) of Lawful U.S. Currency, Defendants.

Court of Appeals of Idaho.

April 16, 2014.

Attorney(s) appearing for the Case

Nicolas V. Vieth , Coeur d'Alene, for appellants.

Barry McHugh , Kootenai County Prosecuting Attorney; Jamila D. Holmes , Deputy Prosecuting Attorney, Coeur d'Alene, for respondent. Jamila D. Holmes argued.

MELANSON, Judge.

Jeffrey A. Reid and Sandra M. Snyder-Reid appeal from the judgment of civil forfeiture of the Reids' 2007 Toyota FJ Cruiser. Specifically, they assert that the district court erred in partially granting Kootenai County Prosecuting Attorney Barry McHugh's motion for summary judgment with regard to the vehicle. For the reasons set forth below, we vacate and remand.

I.

FACTS AND PROCEDURE

Jeffrey Reid was stopped while driving...

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