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MYCKA v. 2003 GMC ENVOY, MN PLATE RPG535

No. A09-1025.

783 N.W.2d 234 (2010)

Daniel Stephen MYCKA, Appellant, v. 2003 GMC ENVOY, MN Plate RPG535, VIN 1GKDT13S432414651, Respondent.

Court of Appeals of Minnesota.

June 15, 2010.

Attorney(s) appearing for the Case

Samuel A. McCloud, Carson J. Heefner, McCloud & Heefner, P.A., Shakopee, MN, for appellant.

Carl J. Newquist, Sarah M. Kimball, Newquist & Herrick Law Offices, P.C., Fridley, MN, for respondent.

Considered and decided by JOHNSON, Presiding Judge; HUDSON, Judge; and CONNOLLY, Judge.

OPINION

JOHNSON, Judge.

The City of Fridley seized a motor vehicle belonging to Daniel Stephen Mycka following his arrest for driving while impaired. The city seized the vehicle after Mycka was released from jail and after he retrieved the vehicle from a private towing company. Mycka commenced this action in the district court to challenge the city's seizure on the ground that, without process issued by a court, the city was not authorized to seize the vehicle...

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