Hawes v. 1997 Jeep Wrangler, Vin No. 1J4FY29POVP493248, License No. 874 PDG

OPINION

DANIEL F. FOLEY, Judge.*

The State of Minnesota challenges both the district court’s denial of its motion for summary judgment and its sua sponte grant of judgment in favor of respondent in this vehicle forfeiture proceeding under Minn.Stat. § 169.1217 (1998). The district court determined that forfeiture of the vehicle, used in committing respondent’s third offense within five years, violated equal protection, the Double Jeopardy Clause, and the Excessive Fines Clause of both the Minnesota and United States Constitutions. We reverse and remand for entry of judgment in favor of the…