3.1.6 is not being worked anymore. We've fixed the issue in 3.3.1.GA. As a workaround you can use special HTTP header that switches IE8 into IE7 compatibility mode: http://ajaxian.com/archives/ie8-compatibility-with-x-ua-compatible.
Thanks for the response and the reference to the articles.
Is there a way I can force the meta tag to be the first line in the section. Do I have to implement some sort of PhaseListener solution?
The code does work though...when I cut and paste the static html and move the meta-tag to the top of the section, it works!
Simply added this jsp code to the page and solved the issue.
Not adding through a filter or phaselistener (although certainly a good idea for an entire site) since it only affects a few pages.