Plaintiff appealed the dismissal of its complaint on res judicata grounds. Defendant gave plaintiff and another group permits to install monuments in a public park designated as a limited public forum. When citizens objected to the installation of plaintiff’s monument, defendant cancelled both permits. Plaintiff filed suit, arguing that defendant violated its constitutional rights to freedom of religion. The district court dismissed the constitutional claims but permitted plaintiff to proceed on its promissory estoppel claim. When the magistrate judge denied plaintiff’s motion for leave to amend, plaintiff instead filed a second complaint reasserting its dismissed constitutional claims. The district court dismissed the action, granting defendant summary judgment on the estoppel claim and ruling that the reasserted claims were barred by res judicata.
Where plaintiff failed to plausibly argue that closing the park as a limited public forum was unreasonable or discriminatory, its promissory estoppel claim failed, and the district court correctly concluded that res judicata barred the reasserted claims.
Judgment is affirmed.
The Satanic Temple v. City of Belle Plaine (MLW No. 80463/Case Nos. 21-3079 & 21-3081 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Kobes, J.) Appealed from U.S. District Court, District of Minnesota, Wright, J. (Matthew A. Kezhaya, of Minneapolis, MN for appellant) (Monte Mills, of Minneapolis, MN for appellees; Katherine M. Swenson, of Minneapolis, MN on the brief)