Brief Fact Summary. Bi-Metallic Co., the Plaintiff, challenged a uniform forty percent tax increase on the ground that it was not afforded an opportunity to be heard.
Synopsis of Rule of Law. Individuals do not have standing merely as members of the public at large or the general taxpayer population to challenge government action or imposition of taxes.
Issue. Do all individuals have a constitutional right to be heard before a matter can be decided where all land owners are equally concerned and stand alike?
Held. Affirmed. No. “Where a rule of conduct applies to more than a few people it is impracticable that every one should have a direct voice in its adoption. The Constitution does not require all public acts to be done in a town meeting or an assembly of the whole.” Dissent. None. Concurrence. None.
General statutes within the state power are passed that affect the person or property of individuals, sometimes to the point of ruin, without giving them a chance to be heard.View Full Point of Law