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Posted by: Tanja Trezise on Sep 10, 2012

Court: TN Court of Appeals

Attorneys 1:

Peter J. Strianse, Nashville, Tennessee, for the appellant, Cynthia Farrar.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and Rebecca Lyford, Senior Counsel, Civil Rights and Claims Division, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge(s): MCCLARTY

This appeal involves the forfeiture of property that had been either used or furnished in violation of the Drug Control Act. The property at issue was subject to a lien held by Citizens Bank. Following the forfeiture of the seized property, Citizens Bank notified the State of its lien and requested the return of the property. The State directed Citizens Bank to file an appeal with the chancery court. Instead, Citizens Bank sued Claimant for the balance owed on the property and an order of judgment was entered against Claimant. Claimant filed suit against the State in the Claims Commission, alleging that the State was negligent because it failed to notify the proper lienholder of the forfeiture. The State filed a motion for summary judgment, which was granted by the Claims Commission. Claimant appeals. We affirm the decision of the Claims Commission.