COM. v. ALL THAT CERT. LOT, 605 UNIV. DRIVE

No. 46 MAP 2013

104 A.3d 411 (2014)

COMMONWEALTH of Pennsylvania, Appellant v. ALL THAT CERTAIN LOT OR PARCEL OF LAND LOCATED AT 605 UNIVERSITY DRIVE, State College, Centre County, Pennsylvania and described with particularity at Deed Book 1419 Page 0976 in the Office of the Recorder of Deeds, Tax Parcel number 36-014-123A Gregory Palazzari, Appellee.

Supreme Court of Pennsylvania.

Decided November 19, 2014.


Attorney(s) appearing for the Case

Kathleen Granahan Kane, Esq. , Jennifer Anne Peterson, Esq. , Richard D. Sheetz, Esq. , PA Office of Attorney General, for Commonwealth of Pennsylvania.

High J. Burns Jr., Esq. , Jonathan Michael Levy, Esq. , Philadelphia District Attorney's Office, for Pennsylvania District Attorney's Association, amicus curiae.

Steven Paul Passarello, Esq. , Passarello & Sisto, P.C., for Gregory Palazzari.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.


OPINION

In this discretionary appeal, we consider the general applicability of the Pennsylvania Rules of Civil Procedure to forfeiture proceedings brought pursuant to the Controlled Substances Forfeiture Act (Forfeiture Act, or Act), 42 Pa.C.S. §§ 6801-02, and, specifically, the availability of summary judgment...

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