Delta MK, LLC v. Mississippi Transportation Commission
2011 Miss. LEXIS 190
| Miss. | 2011Background
- Delta MK, LLC sued the MTC alleging that closing two medians on Highway 49 diminished access and damages to its service station.
- The case involved a Stack Phase III highway project and an asserted inverse condemnation claim, plus potential damages.
- The trial court converted MTC’s Rule 12(b)(6) motion by considering outside materials, then dismissed the inverse-condemnation claim with prejudice and other claims without prejudice.
- Delta argued the court should have treated the motion as summary judgment and required notice and an opportunity to supplement the record.
- On appeal, the court held the outside-materials consideration was error without explicit conversion and notice, and affirmed dismissal of the remaining claims without prejudice on other grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court err by considering outside pleadings without proper notice converting the motion? | Delta argues notice was required and conversion to summary judgment should occur. | MTC contends Sennett allows some outside-materials without conversion. | Yes; conversion required explicit notice and opportunity to supplement. |
| Was the dismissal of Delta's remaining due-process and civil-rights claims proper? | Delta sought retention or transfer of claims, not dismissal. | MTC argues dismissal without prejudice was proper and no transfer needed. | No reversible error; claims were properly dismissed without prejudice. |
Key Cases Cited
- Palmer v. Biloxi Regional Medical Center, 649 So.2d 179 (Miss. 1994) (requires ten days’ notice when 12(b)(6) converted to summary judgment)
- Jones v. Regency Toyota, Inc., 798 So.2d 474 (Miss. 2001) (notice required for conversion to summary judgment)
- State v. Bayer Corp., 32 So.3d 496 (Miss. 2010) (reaffirms Rule 12(b) face-of-pleading limitation; outside-materials trigger error)
- Sennett v. United States Fidelity and Guaranty Co., 757 So.2d 206 (Miss. 2000) (outside-materials may convert motion in limited circumstances)
- McDonald's Corp. v. Robinson Industries, Inc., 592 So.2d 927 (Miss. 1991) (discusses pendent jurisdiction and court transfer concepts)
- Jackson Municipal Airport Authority v. Wright, 232 So.2d 709 (Miss. 1970) (inverse condemnation framework)