![]() Mahoney demanded that the State and Cowlitz County make the payment or release the seizure. Shortly before that offer was made, the Cowlitz County Prosecuting Attorney received a letter from Mahoney stating that because of the seizure of the Kalama property, he could not make the cure payment. On December 7, 1990, the State and the Cowlitz County sheriff filed an in rem drug forfeiture proceeding in which they sought forfeiture of Mahoney's interest in the property under RCW 69.50.505.īy letter dated November 30, 1990, the Browns' attorney acknowledged the Oregon and Washington actions and raised the possibility “that one or more of you might wish to reinstate the contract, take over Reeder's position in the contract and ultimately in that fashion gain control of the property.” On February 19, 1991, the Browns offered to forfeit Mahoney's interest, sell the property, pay off their obligation and costs, and split the surplus with the Government. The State sought, in part, forfeiture of Mahoney's interest. Two days after the Browns filed their notice, the State of Washington filed a civil RICO action against Mahoney and placed a lien on his interest in the Kalama property under RCW 9A.82, the Criminal Profiteering Act. The notice stated that to cure the default, Mahoney would have to tender $4,429.57 by February 22, 1991. Subsequently, Mahoney failed to make his October 1990 payment of $3,170 to the Browns and, on November 19, 1990, the Browns recorded a notice of intent to forfeit the real estate contract. As part of that action, Oregon obtained a temporary restraining order on July 6, and a preliminary injunction on August 23, prohibiting Mahoney from “injuring, destroying, transferring, removing or otherwise disposing of” his real or personal property. On July 6, 1990, the State of Oregon filed a civil RICO action (Racketeer Influenced and Corrupt Organizations Act, ORS 166.715–166.735) in Oregon, seeking in part a judgment against Mahoney and a forfeiture of his interest in the Kalama property. There they discovered a second large-scale marijuana growing operation. The next day, police executed another search warrant against property Mahoney owned in Prineville, Oregon. Mahoney used the property for a large-scale marijuana growing operation that the police uncovered pursuant to a search warrant on June 16, 1990. Reeder, agreed to pay $49,500 with $10,000 down and payments of $3,170 every six months beginning April 5, 1988. The Browns sold Michael Mahoney a 20–acre parcel of land in Kalama, Washington, by real estate contract dated September 21, 1987. The trial court found the contract between the Government and the Browns to be enforceable and ordered the Browns to specifically perform the parties' agreement. In this breach of contract action, the trial court granted summary judgment to the State of Washington, the Cowlitz County Sheriff, and the State of Oregon (the Government) against James and Sandra Brown. Atty, Kelso, Frederick John Caruso, Asst. BROWN and Sandy Brown, Husband and wife, Appellants. STATE of Washington, Brian Pederson, Sheriff, Cowlitz County, and State of Oregon, Respondents, v. ![]() Court of Appeals of Washington,Division 2.
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