Legal Opinion

United States v. Premises & Real Property with Buildings, Appurtenances & Improvements at 500 Delaware Street

District Court, W.D. New York

Decided December 12, 1996No. 90-CV-898CPublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

CURTIN, District Judge.

BACKGROUND

This is a civil in rem forfeiture action brought by the United States against the premises and real property located at 500 Delaware Street, Tonawanda, New York, pursuant to 21 U.S.C. § 881. The owner of the property and claimant herein, Martin Isenberg, is contesting the forfeiture. The government has moved for summary judgment on the grounds that it has established probable cause for forfeiture since it is undisputed that claimant conducted a marijuana-growing operation on the subject premises. Claimant has filed a cross-motion for summary…

2Cases cited16 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. United States v. RossSupreme Court of the United States · 1982
  3. Maryland v. GarrisonSupreme Court of the United States · 1987
  4. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  5. Steele v. United States No. 1Supreme Court of the United States · 1925

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3Cited by1 opinion

  1. United States v. Premises & Real Property with Buildings, Appurtenance & ImprovementsCourt of Appeals for the Second Circuit · 1997

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