Evans v. City of Denver
Supreme Court of Colorado
Error to the District Court of Arapahoe County. In the case of Keese et al. v. City, 10 Colo. 112, it was held hy this court, that the assessments levied to defray the expense incurred in constructing a sewer in the thirteenth sewer district of the city of Denver, under the provisions of ordinances passed by its council March 6, 1882, and July 8, 1883, which created this district, and under which such assessments were made, could not be enforced, because the provisions of…
Read the full summary
Error to the District Court of Arapahoe County. In the case of Keese et al. v. City, 10 Colo. 112, it was held hy this court, that the assessments levied to defray the expense incurred in constructing a sewer in the thirteenth sewer district of the city of Denver, under the provisions of ordinances passed by its council March 6, 1882, and July 8, 1883, which created this district, and under which such assessments were made, could not be enforced, because the provisions of the city charter, relative to conditions precedent, had not been observed, which were necessary in order to legally…
1Opinion of the CourtJustice Gabbert
The only question presented, and upon which a decision of the case rests, is, whether or not the act of the legislature under which the city, by its subsequent action, seeks to enforce the collection of the levy made, is retrospective in its legal sense. It will be observed that this levy is for the purpose of compelling adjacent lot owners to pay the expense of a sewer constructed prior to the time when the act of the general assembly authorizing the action of the municipal authorities, which plaintiffs in error seek to restrain, took effect. By the terms of the city charter in force when…
2Cases cited4 opinions
- Denver, South Park & Pacific Railway Co. v. WoodwardSupreme Court of Colorado · 1878
- Hope Mutual Insurance v. FlynnSupreme Court of Missouri · 1866
- Mulock v. WilsonSupreme Court of Colorado · 1893
- City of St. Louis ex rel. Creamer v. ClemensSupreme Court of Missouri · 1873
3Cited by12 opinions
- People v. District CourtSupreme Court of Colorado · 1992
- Ross v. LetticeSupreme Court of Georgia · 1910
- Jessie W. Meller, and Cross-Appellant v. The Heil Company, and Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1984
- Fisher v. City of AstoriaOregon Supreme Court · 1928
- California Company v. StateSupreme Court of Colorado · 1959
7 more not listed; retrieve them via the Exa API.