YAMHILL COUNTY, a political subdivision of the State of Oregon and forfeiting agency, on behalf of the Yamhill County Interagency Narcotics Team (YCINT) seizing agency, Petitioner on Review,
v.
REAL PROPERTY COMMONLY KNOWN AS: 11475 NW PIKE ROAD, YAMHILL, OREGON, YAMHILL COUNTY AND ANY RESIDENCE, BUILDINGS, OR STORAGE FACILITIES THEREON, Defendant in rem, and
Sheryl Lynn SUBLET, Respondent on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and submitted December 14, 2023.
November 21, 2024.
Attorney(s) appearing for the Case
C. Robert Steringer, Harrang Long, P.C., Portland, argued the cause and filed the briefs for petitioner on review. Also on the briefs was Erica R. Tatoian.
Zachary J. Stern, Zachary J. Stern, P.C., Salem, argued the cause and filed the brief for respondent on review.
Paul L. Smith, Deputy Solicitor General, Salem, filed the briefs for amicus curiae State of Oregon. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.
Rebeca A. Plaza, Capitol Legal Services, Salem, filed the brief for amici curiae Association of Oregon Counties, City of Keizer, City of Salem, City of Spring field, City of Medford, League of Oregon Cities, and Oregon Narcotics Enforcement Association. Also on the brief was Aaron P. Hisel.
Rosalind M. Lee, Oregon Criminal Defense Lawyers Association, Eugene, filed the brief for amicus curiae Oregon Criminal Defense Lawyers Association. Also on the brief were Daniel C. Silberman and Stacy M. Du Clos; Gabe Newland and Aliza Kaplan, Portland, for amicus curiae Criminal Justice Reform Clinic at Lewis & Clark Law School; and Kelly Simon, Portland, for amicus curiae American Civil Liberties Union of Oregon.
Franz Bruggemeier, Oregon Justice Resource Center, Portland, filed the brief for amici curiae Oregon Resource Justice Center and National Police Accountability Project. Also on the brief were Lauren Bonds, Keisha James, and Eliana Machefsky, National Police Accountability Project, New Orleans, Louisiana.
Christian Zupancic, Zuplaw Law Firm, LLC., Seaside, filed the brief for amicus curiae Institute for Justice. Also on the brief was Wesley Hottot, Institute for Justice, Seattle, Washington.
Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, James, and Masih, Justices, and Walters, Senior Judge, Justice pro tempore.
FLYNN, C.J.
The decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for further proceedings.
FLYNN, C.J.
Oregon law allows local governments to acquire property that is connected to certain criminal conduct by bringing a civil forfeiture action against the property itself—a so-called...
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