Londoner v. City and County of Denver
, 210 U.S. 373
(1908), is a case in which the United States Supreme Court
held that Due Process
rights under the U.S. Constitution
attach to administrative agency hearings that involved adjudication
, but not those that involve rulemaking
protections attach to governmental activities that are adjudicative in nature, but not to activities that are legislative in nature.
Facts and procedural posture
The provisions of the Denver
) city charter confer upon the city the power to make local improvements and to assess the cost upon property specially benefited. Londoner (Plaintiff
) was provided with notice of the assessment, but there was no opportunity for a hearing, the notice only fixed a deadline for the filing of complaints and objection. Londoner brought suit against the city challenging the assessment of a tax for the cost of paving the street abutting his property on the grounds that he was denied due process of law.
Where a tax is to be assessed upon property owners, do those affected by the tax have the right to argue their side and support their allegations by proof?
The Due Process
protections of the 14th Amendment
of the U.S. Constitution
require a hearing and opportunity to be heard whenever the government wishes to violate a citizen's life
, or property
. Due Process
rights attach to governmental activities that are adjudicative in nature, but not to activities... Read More