State v. Malpher

[¶ 1] Margo Malpher appeals from a judgment of the District Court (Calais, Romei, J.) forfeiting Malpher’s twenty dogs and one cat to the State of Maine Animal Welfare Program. Maipher argues that: (1) notice by service and filing of an ex parte order and application for the order, to initiate forfeiture proceedings, is improper procedure pursuant to 17 M.R.S. § 1021 (2007), and is insufficient to constitute due process; and (2) 17 M.R.S. § 1021 is void for vagueness. 1 We affirm the District Court’s judgment.

I. BACKGROUND

[¶ 2] In September 2006, Chrissy Perry, a humane agent for the State of…