Williamsburg Truck Plaza v. Muri

BRECKENRIDGE, Judge.

Ray’s Car and Truck Plaza (Ray’s) appeals the trial court’s action sustaining the motion to dismiss filed by Wayne Muri. Ray’s raises one point on appeal alleging that the trial court erred in sustaining Muri’s motion to dismiss because § 226.-100, RSMo Cum.Supp.1992, does not mandate that the sole party to sue or be sued must be the Missouri Highway and Transportation Commission (Commission). Since the parties to a review proceeding under § 536.100 are determined by the record before the administrative agency rather than by the caption and allegations of the petition for…