Kevin Lunny, whose family owns and runs Drakes Bay Oyster Co., and his lawyers say they will appeal the 9th U.S. Circuit Court of Appeals decision, reached on a 2-1 ruling.
Lunny is seeking a temporary injunction, asking the court to allow his family to continue to do business until his lawsuit is heard by the court.
In Tuesday’s ruling, the majority turned him down, ruling that the Interior Department acted legally in deciding not to renew the lease and ordering the oyster farm to close down its operation.
The judges emphasized it was not the court’s decision whether then-Interior Secretary Kenneth Salazar’s decision was right, but whether it was legal.
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