Worrall v. Ogden City Fire Department

HALL, Justice:

(Dissenting).

I respectfully dissent from the position adopted by the majority, as it creates, in my view, an unprecedented and unwarranted extension of the notice requirement of due process.

The constitutions of the United States 1 and the State of Utah 2 mandate that when life, liberty, or property are placed in jeopardy by reason of state action, due process must be accorded the individual or individuals to be affected by such action. The bare essentials of due process have been characterized as (1) notice of the proposed action, and (2) an opportunity to be heard on the…