City & County of Denver v. Tihen

The object of this action by J. Henry Tihen, as Roman Catholic Bishop of the diocese of Denver, plaintiff, against the City and County of Denver, defendant, is to restrain the city from collecting an assessment for a local improvement which it levied upon a cemetery, not for profit, situate within the city, legal title to which in fee is vested in the plaintiff. It is not, as the defendant claims, a suit to quiet title. The important and controlling question for decision is whether such a cemetery is exempt from the assessment. Section 5 of article X of our Constitution exempts from taxation…