Heights Apartments, LLC Plaintiff - Appellant Walnut Trails, LLLP v. Tim Walz, in his individual

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 23-2686
___________________________
Heights Apartments, LLC
Plaintiff - Appellant
Walnut Trails, LLLP
Plaintiff
v.
Tim Walz, in his individual and his official capacity as Governor of the State of
Minnesota; Keith M. Ellison, in his individual and his official capacity as Attorney
General of the State of Minnesota; John Doe
Defendants - Appellees
____________
Appeal from United States District Court
for the District of Minnesota
____________
Submitted: October 22, 2024
Filed: November 21, 2024
[Unpublished]
____________
Before COLLOTON, Chief Judge, GRUENDER and KOBES, Circuit Judges.
____________
PER CURIAM.

-- 1 of 2 --

-2-
Responding to the COVID-19 pandemic, Minnesota Governor Tim Walz
issued a series of Executive Orders restricting landlords’ ability to evict non-paying
tenants. Heights Apartments, LLC (Heights) owns three residential properties in
Minnesota and brought several claims against Walz. After we allowed Heights’s
Contract Clause and Takings Clause claims to continue, see Heights Apartments,
LLC v. Walz, 30 F.4th 720 (8th Cir. 2022), the district court1 granted judgment on
the pleadings because sovereign immunity bars recovery against state officials in
their official capacity—including the just compensation remedy of the Takings
Clause—and qualified immunity shields state officials from liability in their personal
capacity. Heights appeals the denial of its takings claim against Walz in his official
capacity.
Heights argues that the self-executing damages remedy of the Just
Compensation Clause overrides a State’s Eleventh Amendment immunity. But we
have rejected this argument. In EEE Minerals, LLC v. North Dakota, 81 F.4th 809
(8th Cir. 2023), we held that “the Eleventh Amendment bars a [just compensation]
claim against the State in federal court as long as state courts remain open to entertain
the action.” Id. at 816. Heights has not alleged that Minnesota courts are unavailable
for its claim. Nor has it attempted to point to any intervening controlling authority.
Instead, Heights only argues that EEE Minerals is “wrong” and “a mistake.”
Whatever the merits of this argument, we are bound by our previous panel decision.
Cnty. of Charles Mix v. U.S. Dep’t of Interior, 674 F.3d 898, 902 (8th Cir. 2012).
Affirmed.
______________________________
1 The Honorable Nancy E. Brasel, United States District Judge for the District
of Minnesota.

-- 2 of 2 --