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Londoner v. City and County of Denver

United States Supreme Court
210 U.S. 373 (1908)


Londoner v. City and County of Denver

Facts

The charter of the City of Denver (defendant) gave the city the power to make local improvements and to assess the cost of those improvements on property specifically benefited by them. The charter specified the steps that city authorities had to take to execute this power to make improvements and assess costs. For example, the charter required due notice and opportunity for a hearing prior to the assessment of the cost upon the landowners. Mr. Londoner and other property owners (plaintiffs) brought an action in state court seeking relief from the city’s assessment of a tax for the cost of paving a street upon which their lands abutted. The trial court granted the requested relief. In reaching its decision, the court found that the city offered no opportunity for a hearing prior to its assessment of the cost on the benefited landowners. The state supreme court reversed, holding that the tax was assessed in conformity with the United States Constitution and the laws of the state. However, the state supreme court did not disturb the trial court’s finding regarding a lack of opportunity for a hearing. Londoner appealed to the United States Supreme Court on a writ of error.

Rule of Law

Issue

Holding and Reasoning (Moody, J.)

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