Agresta v. City of Maitland

ON MOTIONS FOR REHEARING, CLARIFICATION AND CERTIFICATION

ORFINGER, J.

We grant the City of Maitland’s motions for rehearing and clarification, withdraw our previous opinion, and substitute the following in its place. We deny the City’s motion for certification.

Lena G. Agresta, the Personal Representative of the Estate of Joseph Farley,1 challenges the forfeiture of a parcel of real property on constitutional grounds. Agresta argues that the forfeiture violates the Excessive Fines Clause of the Eighth Amendment to the United States Constitution. We agree and reverse.

Farley was convicted of…