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James River Flood Control Ass'n v. Watt

Citation: 12 ELR 20757
No. Nos. 82-1619, -1629, 680 F.2d 543/18 ERC 1239/(8th Cir., 06/17/1982) Preliminary injunction stayed pending appeal

The Eighth Circuit grants appellants' motion for a stay pending appeal of a preliminary injunction barring acquisition of land for construction of the initial stage of the Garrison Diversion Unit in the West Oakes area of North Dakota. The district court, 12 ELR 20756, enjoined construction of a pumping station, pending the outcome of appellees' lawsuit challenging the adequacy of the environmental impact statement prepared for the Garrison Diversion Unit. The court first notes that the district court did not explain its order as required by FED. R. CIV. P. 52(a). It determines that appellants may suffer irreparable injury unless they can begin construction this season, no individual landowner would sustain immediate or irreparable harm by allowing construction since operation will not begin until 1987, and that granting the stay serves the public interest by avoiding delay. Since the balance of equities favors the appellants, the court stays the district court's order and orders the court to expedite its determination of the merits of appellees' claims.

Counsel are listed at 12 ELR 20756.

Before Lay, Bright, and Gibson, JJ.