Londoner v. City and County of Denver

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.

Legal principles

Due Process 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 (Defendant) 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.

Issue

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?

Analysis

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, liberty, or property. Due Process rights attach to governmental activities that are adjudicative in nature, but not to activities...
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