Missouri Court of Appeals, Southern District / Feb 3, 2023
EMERALD POINTE, LLC., Appellant vs. TANEY COUNTY PLANNING COMMISSION, TANEY COUNTY BOARD OF ADJUSTMENT, Respondent
Emerald Pointe, LLC, a developer, brought its third appeal stemming from a stop work order issued by the Taney County Planning Commission. After two previous appeals and remands, Emerald Pointe sought to amend its petition to add a party and a due process claim, but the circuit court denied the motion, concluding it lacked jurisdiction because a prior judgment was final. The appellate court dismissed the appeal for lack of jurisdiction, holding that the prior 2021 judgment was final under the law of the case doctrine, precluding the due process claim. The court also noted that if the order was a special order after final judgment, the appeal was untimely.