DELTA MK, LLC v. MISSISSIPPI TRANSP. COM'N

No. 2009-CA-02021-SCT.

57 So.3d 1284 (2011)

DELTA MK, LLC v. MISSISSIPPI TRANSPORTATION COMMISSION.

Supreme Court of Mississippi.

April 7, 2011.


Attorney(s) appearing for the Case

Laura Henderson-Courtney , Florence, David Ringer , attorneys for appellant.

Christopher H. Coleman , Jackson, Jim Warren , attorneys for appellee.

Before CARLSON, P.J., LAMAR and CHANDLER, JJ.


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...

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