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Administrative Law Keyed to Breyer
Londoner v. City and County of Denver
Citation:
210 U.S. 373 (1908)Facts
The City of Denver, acting under its charter, undertook a street paving project and sought to assess the costs to adjacent property owners. The charter established a multi-step process: the board of public works would initiate the improvement upon petition from property owners, the city council would authorize it by ordinance, and after completion, the cost would be assessed against benefited properties. The charter required the city clerk to publish a notice that property owners could file written complaints or 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 within the specified period, but instead of providing a hearing on these objections, the city council met in a special session without notice to the objectors and summarily confirmed the assessment. The council then enacted the assessment ordinance without affording the property owners any opportunity to present arguments or evidence supporting their objections.
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