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COM. v. 542 ONTARIO ST., BETHLEHEM

No. 1657 C.D. 2008.

989 A.2d 411 (2010)

COMMONWEALTH of Pennsylvania v. 542 ONTARIO STREET, BETHLEHEM, PA., 18015. Appeal of Freddie Blas.

Commonwealth Court of Pennsylvania.

Decided February 17, 2010.

Attorney(s) appearing for the Case

James Martin Connell, Bethlehem, for appellant.

Kristine M.L. Blake, Easton, for appellee.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, PELLEGRINI, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge SIMPSON.

In this appeal from an order for forfeiture of real estate, we face an unusual question: where an owner of property is acquitted of drug-related criminal charges, what standard, if any, should be used in assessing whether a subsequent civil forfeiture constitutes an impermissible excessive fine?

In particular, Freddie Blas appeals from an order of the Court of Common Pleas of Northampton County (trial court) that granted a petition...

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