People v. 21020 Colorado Highway 74

Opinion by

Judge PLANK.

Alger Garcia appeals a district court judgment ordering the seizure, confiscation, and forfeiture of certain real and personal property declared a Class 1 public nuisance. We affirm.

The People initiated this action to abate a Class 1 public nuisance pursuant to § 16-13-301, et seq., C.R.S. (1986 Repl. Vol. 8A), alleging that Garcia, the owner of real and personal property at 21020 Colorado Highway 74, was using the property for possession, sale, and distribution of a controlled substance.

Following a trial to the court in which defense witnesses maintained that Garcia…