Legal Opinion

United States v. Real Property Located at 2101, 2280, 2401 & 2501 Maple Street

District Court, E.D. Michigan

Decided October 12, 1990No. 1:89-cv-10267PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

CHURCHILL, District Judge.

The Court must decide whether a property owner has a right to a jury trial in an in rem civil forfeiture action instituted by the government.

I

On October 31, 1989, the government filed a civil forfeiture action in rem against the named property in Saginaw, Michigan. The government alleges that the property served during 1987-88 as a drug distribution center and is therefore subject to forfeiture to the United States. See 21 U.S.C. § 881(a)(3), (7).

After filing a notice of lis pendens and seizing the property, the government personally served the…

2Cases cited7 opinions

  1. Galloway v. United StatesSupreme Court of the United States · 1943
  2. United States v. 141st Street Corp. ex rel. HershCourt of Appeals for the Second Circuit · 1990
  3. United States v. One 1976 Mercedes Benz 280S, Serial No. 11602012072193Court of Appeals for the Seventh Circuit · 1980
  4. United States v. Phillip Darrell Smith, Ronalda Smith, and One 1978 Pontiac BonnevilleCourt of Appeals for the Sixth Circuit · 1984
  5. Spiro v. Pennsylvania R. Co.District Court, S.D. New York · 1942

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. Premises Known as RR 1, Box 224, Dalton, Scott Township & North Abington Township, Lackawanna County, PACourt of Appeals for the Third Circuit · 1994
  2. United States v. That Certain Real PropertyDistrict Court, N.D. Alabama · 1992
  3. Attorney-General v. One Green 1993 Four Door ChryslerAppellate Division of the Supreme Court of the State of New York · 1996
  4. State Ex Rel. Dugger v. Twelve Thousand DollarsCourt of Civil Appeals of Oklahoma · 2007
  5. State v. One 1990 Honda AccordNew Jersey Superior Court Appellate Division · 1997

2 more not listed; retrieve them via the Exa API.

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