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Civil Practice: Res Judicata-Stop Work Order
Staff Report//August 17, 2023
Where appellant brought an action for damages incurred while a stop work order was in place concerning its property development, the district court correctly found that the defense of res judicata was timely asserted and that it applied, and the order granting summary judgment is affirmed.
Judgment is affirmed.
Emerald Pointe, LLC v. Taney County (MLW No. 80386/Case No. 22-3025 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Western District of Missouri, Ketchmark, J. (Brian J. Madden, Kansas City, MO argued for appellant; Adam S. Davis and Vincent O’Flaherty appeared on the brief) (Patricia Ann Keck, Springfield, MO argued for appellee; Samuel Clayton Peck and Ken Eckhauser appeared on the brief).
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