Facts and Procedural History

A rule was issued such that all inhabitants of a particular area had individualized property tax assessments. Petitioner Londoner, one such inhabitant, claims a DP right to notice and hearing.

Issue(s)

Can a rule trigger the same DP rights as an adjudicatory proceeding?

Holding and Dissent(s)

Yes. Since all inhabitants had individualized property tax assessments, they were subject to individualized facts and therefore this is more like an adjudicatory proceeding than a rulemaking one, thus requiring notice and hearing. Petitioner wins.

Analysis and Discussion

But see Bi-Metallic

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