Terry Johns Automobiles, Inc. v. State

OPINION

NYE, Chief Justice.

This is an appeal by writ of error. The trial court ordered forfeiture of an automobile found to have been used to conceal and transport a controlled substance. Terry Johns Automobiles, Incorporated, appeals the judgment. We reverse.

Following the seizure of approximately fifty-five pounds of marihuana from a 1980 Chevrolet Blazer, vehicle identification number CCL18AF129774, the State instituted forfeiture proceedings. Notice of seizure and intended forfeiture was filed on November 15, 1985. The notice alleged that an inquiry was made of the State Highway Department…