No. 22-3025 ___________________________

Emerald Pointe, LLC

Plaintiff - Appellant

v.

Taney County Missouri; Taney County Planning Commission; Taney County Board of Adjustment

Defendants - Appellees ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: April 12, 2023 Filed: August 15, 2023 ____________ Before SMITH, Chief Judge, MELLOY and ERICKSON, Circuit Judges. ____________ MELLOY, Circuit Judge. Emerald Pointe filed this lawsuit under 42 U.S.C. § 1983 for damages incurred while a stop-work order was in place. The district court 1 dismissed the case after finding the suit barred by res judicata. Emerald Pointe appeals and we affirm.2

I.

In 2008, Taney County, through its Planning Commission, issued Emerald Pointe a permit to develop a gated community with private roads. Emerald Pointe subsequently began construction of the project. In 2016, the Planning Commission issued a stop-work order, demanding Emerald Pointe comply with requirements for certain public improvements. Emerald Pointe appealed to the Taney County Board of Adjustment (“BOA”), arguing the requirements did not apply to the permit. The BOA denied the appeal, and Emerald Pointe filed suit against the Planning Commission and BOA in the Circuit Court of Taney County seeking judicial review of the stop-work order pursuant to Missouri Revised Statute § 64.870.3 In the state suit, Emerald Pointe asked for a preliminary injunction, declaratory relief as to whether the order was illegal under Missouri state law, and declaratory relief as to whether the order violated the procedural and substantive due process clauses of the Missouri and U.S. Constitutions. The Circuit Court dismissed the suit for failure to

1 The Honorable Roseann A. Ketchmark, United States District Judge for the Western District of Missouri. 2 Appellees’ Motion to File Affidavit Re Statement Made at Mediation and Appellees’ Motion to Take Judicial Notice are denied as moot. 3 Mo. Rev. Stat. § 64.870.2 provides in part:

“Any owners, lessees or tenants of buildings, structures or land jointly or severally aggrieved by any decision of the board of adjustment or of the county commission, . . . may present to the circuit court of the county in which the property affected is located, a petition, duly verified, stating that the decision is illegal in whole or in part, specifying the grounds of illegality and asking for relief therefrom. Upon the presentation of the petition the court shall allow a writ of certiorari directed to the board of adjustment or the county commission, . . . . The court may reverse or affirm or may modify the decision brought up for review.” -2- state a claim, and Emerald Pointe appealed to the Missouri Court of Appeals. The Court of Appeals reversed, finding Emerald Pointe’s petition met all the requirements for judicial review of the stop-work order. Emerald Pointe, LLC v. Taney Cnty. Plan. Comm’n, 578 S.W.3d 390, 398 (Mo. Ct. App. 2019) (Emerald Pointe 1).

On remand, the Circuit Court held a hearing and affirmed the Planning Commission’s decision. Emerald Pointe appealed, and the Court of Appeals reversed and remanded the case to the Circuit Court with directions that the Circuit Court remand to the BOA to grant Emerald Pointe’s appeal of the stop-work order. Emerald Pointe, LLC v. Taney Cnty. Plan. C