In the case of Bi-Metallic Inv. Co. v. Colorado (239 U.S. 441 (1915)) Denver raised property taxes by 40% across the board. City residents sued claiming they were denied due process, but the US Supreme Court found that they were not entitled to due process because:

  • There were a lot of people who would have to be heard from.
  • The landowners were voters who could remove the officials from office.
  • The decision was a generic across the board decision that did not have any individualized determinations.
  • Individual landowners could contest their individual bills.

Bi-metallic is often cited for the proposition that when an Agency is functioning in a legislative capacity they are generally not required to provide individual due process.

  • Basically, citizens can’t sue about a change in the law. If Congress raises taxes, you can’t sue Congress because you don’t want to pay, you can only vote for someone else in the next election.