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Administrative Law Keyed to Funk
Londoner v. City and County of Denver
Citation:
210 U.S. 373 (1908)Facts
The City of Denver, under its charter, authorized the paving of a street and assessed the costs to abutting property owners. The charter established a multi-step process: the Board of Public Works would recommend improvements, the City Council would authorize them by ordinance, and after completion, the Board would calculate costs and apportion them among property owners. Property owners were given notice to file written objections within thirty days, which would be “heard and determined by the city council” before any assessment ordinance was passed. The plaintiffs filed detailed written objections challenging the assessment on multiple grounds. However, the City Council, sitting as a Board of Equalization, met in a special session without notifying the objectors and, without any hearing, adopted a resolution confirming the assessment. The Council then enacted the assessment ordinance without providing the plaintiffs any opportunity to present their arguments or evidence in support of their objections.
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