People v. One 1979 Chevrolet C-20 Van

The State appeals the circuit court’s entry of summary judgment in favor of claimant, Elizabeth Anderson, in the State’s forfeiture proceeding under the Cannabis Control Act (Ill. Rev. Stat. 1987, ch. 56½, par. 701 et seq. (now codified, as amended, at 720 ILCS 550/1 et seq. (West 1992))). The State contends that claimant’s van is subject to forfeiture and that the summary judgment should be reversed because: (1) the court erred in finding that claimant’s acquittal of criminal charges bars the forfeiture proceeding; and (2) the court erred in finding that the State did not institute the…