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STATE EX REL. THORNBURG v. HOUSE AND LOT

No. 150PA92.

432 S.E.2d 684 (1993)

334 N.C. 290

STATE of North Carolina, ex rel. Lacy H. THORNBURG, Attorney General, Plaintiff, v. HOUSE AND LOT LOCATED AT 532 "B" STREET, BRIDGETON, NC 28519, Being all of Lot No. 24, "B" Street, Smallwood Subdivision, in accordance with the plat recorded in Book 150, Page 397 of the Craven County Registry, and being deeded to Theresa M. Bessey in Book 1160, Page 142, Craven County Registry, Defendant, First Union Mortgage Corporation and the New Bern-Craven County Board of Education, Intervening Defendants.

Supreme Court of North Carolina.

July 30, 1993.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by W. Dale Talbert, Sp. Deputy Atty. Gen., Raleigh, for plaintiff-appellee.

Henderson, Baxter & Alford, P.A. by David S. Henderson and Benjamin G. Alford, New Bern, for intervening defendant-appellant New Bern-Craven County Bd. of Educ.

Tharrington, Smith & Hargrove by George T. Rogister, Jr. and Allison Brown Schafer, Raleigh, for the North Carolina School Boards Ass'n, amicus curiae.

Randle L. Jones, High Point, for The North Carolina Ass'n of Police Attys.; Charles P. Wilkins, Raleigh, for The North Carolina Ass'n of Chiefs of Police; and Edmond W. Caldwell, Jr., Raleigh, for The North Carolina Law Enforcement Officers' Ass'n and The North Carolina Sheriffs' Ass'n, amici curiae.

EXUM, Chief Justice.

This is a forfeiture proceeding brought pursuant to Chapter 75D of our General Statutes—this State's Racketeer Influenced and Corrupt Organizations Act (RICO Act). There is no question regarding the State's right to a RICO forfeiture of the subject property. The issue which divides the State and the appealing intervening defendant, The New Bern-Craven County Board of Education (Board), concerns how the proceeds of a sale of the forfeited...

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