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Administrative Law Keyed to Seamon
Londoner v. City and County of Denver
Citation:
210 U.S. 373 (1908)Facts
Under Denver’s charter, the Board of Public Works could order street paving upon petition by a majority of affected property owners. After the improvement was completed, the Board would certify the cost and apportion it among benefited properties. Property owners were notified they could file written objections within 30 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 plaintiffs and without providing them an opportunity to present their objections in person. The Council simply passed a resolution stating that no objections had been filed against the apportionment itself (ignoring the objections to the assessment’s validity) and subsequently enacted the assessment ordinance without any hearing.
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