Stark County v. 1998 Peterbuilt Truck, VIN: 1NPFXB9X8WD470613

KAPSNER, Justice.

[¶ 1] Stark County appeals from a district court judgment dismissing the County’s case against the defendant vehicle and third-party defendant Ryan Strozzi. We conclude the district court’s finding the vehicle had not been moved was not clearly erroneous, and we affirm the judgment dismissing the County’s case.

I

[¶ 2] On June 25, 2013, Stark County Road Superintendent A1 Heiser was notified that an excavating machine was being used in a Dickinson subdivision. Heiser went to the subdivision and saw Ryan Strozzi loading an excavator onto a lowboy trailer. Heiser believed the…