A party must receive notice that a petition for judicial review has been filed because a party who was a participant at the administrative level is entitled to recognition of its due process rights. Here, the Wolfners failed to notify abutting landowners who were parties of record in the writ of certiorari proceeding. Abutting property owners to the south, north and west of the side lot appeared and testified at the administrative hearing and therefore should have been given notice of the writ of certiorari proceeding. The Wolfners argue that the Administrative Procedure Act is not applicable to an agency decision that is reviewable by writ of certiorari. They rely on State ex rel.
Nance is distinguishable.
Nance is an employee benefits case where the court of appeals held that a petition for review under section 536.150 was improper because review was available through writ of certiorari. Nance addresses section 536.150, but fails to address the notice required by construing section 89.110 and 536.110 in pari materia as several Missouri cases have held appropriate in zoning cases. It is jurisdictional that the agency and each party of record be notified personally or by registered mail of the petition for review filed by an aggrieved party. If a party of record is not notified, the trial court lacks jurisdiction. Timely filing of a section 89.110 petition tolls the thirty-day statute of limitations.