Magone v. Aul

Petitioners instituted a forfeiture action against Ellen Aul in the Fourth Judicial District Court, Missoula County. The Missoula County Sheriff’s Department seized $3000 in cash from Ellen while she was being booked for purchasing marijuana from an informant. Ellen committed suicide eight months later. Thomas Aul appears as Ellen’s successor in interest. Thomas appeals the District Court’s denial of his motion for summary judgment. We reverse.

The issue on appeal is whether the District Court properly denied Thomas’s motion for summary judgment.

In May 1990, Thomas and Ellen Aul were charged…