Campbell v. City of Olney

Background

The case concerns a property owner who was charged for sidewalks installed in front of four lots he owned in the City of Olney under a Texas law that lets cities build sidewalks and assess the cost against abutting property. The city passed an ordinance making the cost a lien and gave the owner the 20 days’ notice the law required. The owner did not appear at the council meeting or bring a suit within the 20-day period that the statute allowed to challenge the assessment. The city issued an assessment certificate stating that all procedures were regularly followed, then sued after the owner did not pay. In lower courts the owner argued the city lacked a proper ordinance, had not complied with the statute, and that the assessment took his property without due process of law.

Reasoning

The Court explained that state courts decide whether state laws and procedures were followed and that federal review is warranted only if a genuine federal right is at stake. The opinion notes the owner received notice, had an opportunity to be heard, and had a statutory 20-day window to sue to set aside or correct the assessment but did not use those state remedies. Because the record showed available state procedures and no real federal constitutional claim, the Court found no colorable due process issue and concluded there was no federal question for review.

Real world impact

The decision leaves the city’s sidewalk assessment effort intact and underscores that property owners must promptly use the state procedures given to challenge local assessments. It also signals that federal courts will not intervene when the record shows notice and an opportunity to be heard and the claimant failed to pursue available state remedies.