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CITY OF SANTA FE EX REL. SANTA FE POLICE DEPT. v. ONE (1) BLACK 2006 JEEP

No. 30,660.

286 P.3d 1223 (2012)

2012-NMCA-027

CITY OF SANTA FE ex rel. SANTA FE POLICE DEPARTMENT, Petitioner-Appellant, v. ONE (1) BLACK 2006 JEEP 2-DOOR V.I.N. 1J4FA6456P731037 NEW MEXICO LICENSE NO. 001 PND, Respondent, and Americredit Financial Services, Claimant, and Diego Olivas, Claimant-Appellee.

Court of Appeals of New Mexico.

January 26, 2012.

Attorney(s) appearing for the Case

R. Alfred Walker , Assistant City Attorney, Adrian Terry , Assistant City Attorney, Santa Fe, NM, for Appellant.

Cuddy & McCarthy, L.L.P., Aaron J. Wolf , Santa Fe, NM, for Claimant-Appellee.

OPINION

VANZI, Judge.

{1} The City of Santa Fe (City) appeals from an order of the district court dismissing the City's petition for forfeiture and directing it to return the motor vehicle at issue in this case to Claimant, Diego Olivas. The district court concluded that the City's vehicle forfeiture ordinance, Santa Fe, N.M., Code § 24-9 SFCC 1987 (2007) (the Ordinance), permitting forfeiture...

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