Spengler v. Porter

The majority concludes that the plaintiffs failed to preserve their challenge to the trial court’s decision to rule on the merits of their petition after only a preliminary hearing. Because I believe that the plaintiffs did preserve this issue, and because I view the trial court’s action as an egregious denial of the plaintiffs’ rights to notice and a fair hearing, I respectfully dissent.

It is axiomatic that due process guarantees “the right to be heard at a meaningful time and in a meaningful manner.” Bragg v. Director, N.H. Div. of Motor Vehicles, 141 N.H. 677, 679, 690 A.2d 571, 573 (1997)…