26 Colo. 193 | Colo. | 1899
delivered the opinion of the court.
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 the sewer was constructed, it was provided: “ The city council shall cause sewers to be constructed in any district whenever a majority of the property holders resident therein, shall petition therefor, or whenever the board of health recommend the same as necessary for sanitary reasons, and said recommendation is approved by the city council.”
Neither of these conditions was observed, but it is contended by counsel for the city, that it is within the power of the legislature to pass an act curative in its nature, whereby illegal assessments for public improvements may be legalized.
In the absence of constitutional restrictions, it has been held that it is competent for the legislature to enact retrospective statutes to validate an irregular or defective execution of a power by a municipal corporation, but where the constitution of a state contains a special provision against
On the admitted facts, the act under which the city authorities claim to derive their power in- this instance, in so far as it affects transactions antedating the time when it took effect, contravenes the fundamental law of the state respecting ' retrospective legislation, and, therefore, renders the attempt of the municipality to enforce any liability as to these transactions, ineffectual. The judgment of the district court is reversed, and the cause remanded, with directions to render judgment in favor of plaintiffs in error, enjoining the defendants from collecting the assessments mentioned in the complaint.
Reversed and remanded.