Londoner v. City and County of Denver facts for kids
Quick facts for kids Londoner v. City and County of Denver |
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| Argued March 6, 9, 1908 Decided June 1, 1908 |
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| Full case name | Wolfe Londoner and Dennis Sheedy, Plaintiffs in Error v. City and County of Denver, as Successor to the City of Denver, et al.' |
| Citations | 210 U.S. 373 (more)
28 S. Ct. 708; 52 L. Ed. 1103; 1908 U.S. LEXIS 1517
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| Prior history | Error to the Supreme Court of the State of Colorado |
| Holding | |
| Where the legislature of a state, instead of fixing a tax, commits to some subordinate body the duty of determining whether, in what amount, and upon whom it shall be levied, and of making its assessment and apportionment, due process of law requires that, at some stage of the proceedings, before the tax becomes irrevocably fixed, the taxpayer shall have an opportunity to be heard, of which he must have notice. | |
| Court membership | |
| Case opinions | |
| Majority | Moody, joined by Harlan, Brewer, White, Peckham, McKenna, Day |
| Dissent | Fuller |
| Dissent | Holmes |
| Laws applied | |
| U.S. Const. amend. XIV | |
Londoner v. City and County of Denver was an important case decided by the U.S. Supreme Court in 1908. This case was about whether people have a right to be heard when a government agency makes decisions that affect them directly. The Court decided that if a government agency acts like a judge in a specific situation, people must have a chance to speak up. But if the agency is just making general rules for everyone, like a lawmaker, then a hearing isn't always needed.
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What is Due Process?
The idea of "due process" means that the government must treat people fairly. It's a promise found in the U.S. Constitution. It means you have a right to notice and a chance to be heard before the government takes away your life, liberty, or property.
Fairness in Government Actions
The Supreme Court looked at two types of government actions:
- Adjudicative actions: These are like a court case. They involve specific people or groups and their unique situations. For example, deciding if one person owes a specific tax.
- Legislative actions: These are like making laws. They create general rules that apply to everyone. For example, a city council deciding to raise taxes for all citizens.
The Court said that due process, meaning the right to be heard, applies to adjudicative actions. It does not always apply to legislative actions.
Why Did Londoner Sue Denver?
The city of Denver wanted to pave some streets. To pay for this, they decided to charge the property owners whose land was next to the new pavement. This charge is called an "assessment" or a "tax."
The Problem with the Tax
Wolfe Londoner owned property in Denver. He was told about the tax he had to pay for the street paving. However, he was not given a chance to argue against the tax or explain his side. The city only told him a deadline to file written complaints. Londoner felt this was unfair. He believed he should have had a chance to speak in person and show proof that the tax was wrong or too high.
What Was the Main Question?
The big question for the Supreme Court was this: When a city decides to charge a special tax to property owners, do those owners have a right to speak up and present their arguments? Do they have a right to prove why the tax might be unfair to them?
The Court's Decision
The Supreme Court decided that yes, people do have that right. If a government body is deciding a specific tax on specific people, those people must have a chance to be heard. They need to be able to argue their case and show evidence. This is part of their right to due process.
