Legal Opinion

City of Denver v. Knowles

Supreme Court of Colorado

Decided January 15, 1892PublishedCited by 40 opinions

Error to District Court of Arapahoe County. This action was brought in the court below by John M. Knowles, defendant in error, to restrain plaintiffs in error, the city of Denver, et al., from collecting an assessment levied by the city upon certain lots owned by the defendant in error. The assessment was levied in proportion to the frontage of the lots upon the improvement.' It is for the costs of paving, constructing gutters, etc., on 16th street in said city.

Read the full summary

Error to District Court of Arapahoe County. This action was brought in the court below by John M. Knowles, defendant in error, to restrain plaintiffs in error, the city of Denver, et al., from collecting an assessment levied by the city upon certain lots owned by the defendant in error. The assessment was levied in proportion to the frontage of the lots upon the improvement.' It is for the costs of paving, constructing gutters, etc., on 16th street in said city. Plaintiff» in error by their answers sought to justify the assessment under the following provisions of the charter of the city of…

1Opinion of the CourtChief Justice Hayt

The provision invoked to defeat the statute under which the city was attempting to proceed in this case, is found in § 8 of art. 10 of our constitution and reads as follows :

“ All taxes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax and shall be levied and collected under general laws, which shall prescribe such regulations as shall secure a just valuation of all property, real and personal. * * * ”

The next succeeding section is as follows :

“ Sec. 7. The general assembly shall not impose taxes for the purposes of any county,…

2Cases cited14 opinions

  1. Palmer v. StumphIndiana Supreme Court · 1868
  2. Farrar v. City of St. LouisSupreme Court of Missouri · 1883
  3. Speer v. Mayor of AthensSupreme Court of Georgia · 1890
  4. Hoyt v. City of East SaginawMichigan Supreme Court · 1869
  5. Mayor of Baltimore v. Johns Hopkins HospitalCourt of Appeals of Maryland · 1881

9 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. People Ex Rel. Rogers v. LetfordSupreme Court of Colorado · 1938
  2. Milheim v. Moffat Tunnel Improvement DistrictSupreme Court of Colorado · 1922
  3. Board of Directors v. CollinsNebraska Supreme Court · 1895
  4. Consumers' League v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1912
  5. Flank Oil Co. v. Tennessee Gas Transmission CompanySupreme Court of Colorado · 1960

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API