Legal Opinion · Dissent

In Re Forfeiture of $5,264

Michigan Supreme Court

Decided April 19, 1989No. 82253, (Calendar No. 7)Published

1DissentCavanagh, J.

The narrow issue, presented in this case is whether the Legislature intended to authorize the forfeiture of real property allegedly used to facilitate the sale of controlled substances. I agree with the majority that the language of MCL 333.7521(1X0; MSA 14.15(7521)(l)(f) is ambiguous and, therefore, requires judicial interpretation. I cannot agree, how*267ever, that principles of statutory construction and the legislative history of this provision support the majority’s conclusion that the Legislature intended to provide for the civil forfeiture of real property under these circumstances. These…

2Cases cited4 opinions

  1. Arrowhead Development Co. v. Livingston County Road CommissionMichigan Supreme Court · 1982
  2. State Treasurer v. WilsonMichigan Supreme Court · 1985
  3. United States v. Certain Real Property Situated at Route 3District Court, W.D. Arkansas · 1983
  4. People v. 2850 Ewing RoadMichigan Court of Appeals · 1987

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