Delta MK, LLC v. Miss. Transp. Comm'n


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Docket Number: 2009-CA-02021-SCT

Supreme Court: Opinion Link
Opinion Date: 04-07-2011
Opinion Author: Justice Lamar
Holding: Reversed and remanded.

Additional Case Information: Topic: Eminent domain - Conversion to summary judgment - Notice - M.R.C.P. 12(b)(6) - M.R.C.P. 56 - Jurisdiction


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Topic: Eminent domain - Conversion to summary judgment - Notice - M.R.C.P. 12(b)(6) - M.R.C.P. 56 - Jurisdiction

Summary of the Facts: Delta MK, the owner of a service station along Highway 49, brought suit against the Mississippi Transportation Commission, 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. Delta appeals.

Summary of Opinion Analysis: Issue 1: Notice Although Delta argues that the trial judge erred when he considered matters outside the pleadings in ruling on MTC’s motion to dismiss, the crux of its argument is that he erred when he failed to give it notice that he was doing so. Whenever a trial judge converts a M.R.C.P. 12(b)(6) motion to dismiss into one for summary judgment under M.R.C.P. 56 by considering matters outside the pleadings, the judge must give all parties ten days’ notice that he is converting the motion. Regardless of how baseless a plaintiff’s claim appears to the trial court, our rules require that she be given 10 days’ notice once a motion to dismiss is converted into a motion for summary judgment. In this case, the trial judge erred when he accepted matters outside the pleadings and granted MTC’s motion to dismiss without giving Delta a reasonable opportunity to offer additional evidence. Delta specifically requested in its response to MTC’s motion to dismiss that, if the trial court regarded MTC’s motion to dismiss as a motion for summary judgment, it be given an opportunity to supplement its response with additional affidavits and depositions. Delta also specifically requested leave to complete expert discovery and depositions in the case. The judge should have treated MTC’s motion to dismiss as a motion for summary judgment and granted Delta the leave it requested to present additional evidence. Issue 2: Jurisdiction Delta argues that the trial judge should have “retained jurisdiction” over its due process and civil-rights claims and that if jurisdiction was not proper in the special court, the trial judge should have transferred the case to a court of proper jurisdiction instead of dismissing without prejudice. When a special court of eminent domain has subject matter jurisdiction of a condemnation proceeding, it may exercise pendent jurisdiction over any questions of title which may arise in the proceedings. Delta’s due-process and civil-rights claims clearly do not implicate questions of title. Further, Delta makes no attempt to show that it was prejudiced by the trial judge’s decision to dismiss the claims without prejudice.


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