Londoner v. Denver
Citation: 210 U.S. 373 (U.S. Supreme Court, 1908)
Facts
The City of Denver assessed individual property owners for the cost of paving a street abutting their land. The assessment was made by the city council without providing the affected property owners an opportunity to be heard, though they could file written objections. Londoner and other property owners challenged the assessment as a violation of due process.
Issue
Does the Due Process Clause require that individuals receive notice and an opportunity to be heard before the government imposes an assessment specifically targeting their property?
Holding
The Supreme Court held that the property owners were entitled to a hearing before the assessment was imposed. The opportunity to file written objections alone was insufficient to satisfy due process where the government action directly and specifically affected identifiable individuals.
Rule
When a government action is adjudicatory in nature — that is, it singles out specific individuals for particular burdens based on facts peculiar to them — due process requires notice and a meaningful opportunity to be heard (an oral hearing or its equivalent) before the action is taken.
Significance
Londoner establishes one half of the foundational adjudication/rulemaking distinction in administrative law. It stands for the principle that individualized government action affecting specific, identified persons triggers procedural due process protections, including the right to a hearing. The case is paired with Bi-Metallic Investment Co. v. State Board of Equalization to draw the line between adjudication (hearing required) and general rulemaking (no individual hearing required).