People v. One 1979 Volkswagen

MARQUEZ, Judge.

Defendant Katherine Baker appeals from the summary judgment which forfeited her interest in her Volkswagen vehicle because it had been used to aid or abet a Class I public nuisance. We affirm.

I

Defendant first argues that summary judgment was improper because contested issues of fact existed as to whether her car had been used to aid or abet a public nuisance. We disagree.

Summary judgment is proper if there is no genuine issue as to any material fact and if the moving party is entitled to a judgment as a matter of law. C.R.C.P. 56(c). When the party moving for summary judgment…