Can a plaintiff in a civil case claim that they were denied notice and an opportunity to be heard below?
MultiRegion, United States of America
The following excerpt is from Conner v. Burford, 836 F.2d 1521 (9th Cir. 1988):
51 The lessees have also claimed that they were denied Fifth Amendment due process because they allegedly were not given notice and an opportunity to be heard below. Because the lessees' property interests were not adjudicated in this litigation, their right to notice and an opportunity to be heard cannot be invoked. See Sierra Club v. Watt, 608 F.Supp. 305, 325-28 (C.D.Cal.1985).
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