PETITION FOR PANEL REHEARING AND/OR REHEARING EN BANC
The petition for rehearing filed by Appellants in the above-entitled cases having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and a majority of the judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the Court en banc is denied.
It is hereby ordered that the petition for rehearing by the panel is granted in part with respect to Alpha Painting and Constructions claim that the Court failed to address all of Alphas statutory challenges to the forfeiture order. The opinion and judgment entered April 21, 2023 are hereby vacated. The judges who participated in the decision of this Court will issue an amended opinion. Additionally, the District Courts forfeiture order will be addressed in a separate opinion. Judgment will be entered in these matters upon issuance of the opinion on the forfeiture order.
Theodore A. McKee, Circuit Judge