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STATE v. 132.85 ACRES

90-07-274 CV; CA A69000.

834 P.2d 526 (1992)

114 Or. App. 339

STATE of Oregon, Appellant, v. 132.85 ACRES LOCATED ON HIGHWAY 395, MILEPOST 111, MT. VERNON, Oregon, More Particularly Described in Exhibit A; Miscellaneous Personal Property More Particularly Described in Exhibit B, Respondents, and Rodney Sage, Claimant-Respondent.

Court of Appeals of Oregon.

Decided July 22, 1992.

Reconsideration Denied September 30, 1992.

Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David Hydes, Canyon City, argued the cause and filed the brief for respondents.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

In this civil forfeiture case, the state appeals the trial court's order granting claimant's motion for summary judgment and dismissing the case with prejudice. The state assigns error to the trial court's conclusion that the state had not commenced the action within the time set by the forfeiture laws. We reverse and remand.

Claimant's real property was seized on June 26 or 27, 1990. The state filed a complaint seeking forfeiture pursuant to...

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