California News

Feb 25, 2013 6:34 PM by Associated Press

Oyster Co. to stay open while court decides fate

SAN FRANCISCO (AP) - Owners of an oyster farm scheduled to be removed from Point Reyes National Seashore can stay open a couple months longer while an appeals court decides whether its lawsuit challenging its removal can proceed.

A three-judge panel of Ninth U.S. Circuit Court of Appeals on Monday said Drakes Bay Oyster Co. could remain open past the February closure date set by the Interior Department.

The company filed a federal lawsuit after Interior Secretary Ken Salazar decided not to renew its lease.

Salazar's decision upheld a 1976 decision by Congress to return the waterway to wilderness, a decision upheld by a lower court.

The farm's reprieve is good until at least May, when a hearing is scheduled to address the lower court's ruling, which upheld the farm's removal.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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