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EMERALD POINTE, LLC v. TANEY COUNTY MISSOURI

No. 22-3025.

78 F.4th 428 (2023)

EMERALD POINTE, LLC, Plaintiff-Appellant v. TANEY COUNTY MISSOURI; Taney County Planning Commission; Taney County Board of Adjustment, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Brian J. Madden , of Kansas City, MO. The following attorneys appeared on the appellant brief; Brian J. Madden of Kansas City, MO., Adam S. Davis of Kansas City, MO. and Vincent O'Flaherty of Kansas City, MO.

Counsel who presented argument on behalf of the appellee was Patricia Ann Keck , of Springfield, MO. The following attorney(s) appeared on the appellee brief; Patricia Ann Keck , of Springfield, MO., Samuel Clayton Peck , of Springfield, MO and Ken Eckhauser of Springfield, MO.

Before SMITH, Chief Judge, MELLOY and ERICKSON, Circuit Judges.

Emerald Pointe filed this lawsuit under 42 U.S.C. § 1983 for damages incurred while a stop-work order was in place. The district court1 dismissed the case after finding the suit barred by res judicata. Emerald Pointe appeals and we affirm....

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