Delta MK, LLC v. Mississippi Transportation Commission

LAMAR, Justice,

for the Court:

¶ 1. Delta MK, the owner of a service station along Highway 49, brought suit against the Mississippi Transportation Commission (MTC), claiming that the Commission’s decision to close two medians across Highway 49 had greatly diminished its business. MTC filed a motion to dismiss, and the trial judge considered matters outside the pleadings when he ruled in its favor. Finding that the ..trial judge erred when he converted MTC’s motion to dismiss into a motion for summary judgment without giving Delta notice, we reverse and remand. ■

FACTS AND PROCEDURAL HISTORY

¶ 2.…