The Drakes Bay Oysters Co. is making its final legal bid to stay open and there is fear if it fails oyster prices will rise and the bivalve business in the region won't be the same.
Drakes Bay Oysters Co. owner Kevin Lunny is nearing the end of his legal rope. As expected, U.S. District Judge Yvonne Gonzalez Rogers last week rejected an appeal of her previous ruling dismissing a preliminary injunction request to halt the federally-ordered closure.
The U.S. Ninth Circuit Court of Appeals will now take up the appeal. It will receive arguments from the government Tuesday on why Drakes Bay should close and Lunny's team will likely respond Thursday, then it will be up to the court to decide the fate of the oyster farm.
If it does not grant the injunction, Drakes Bay will have to close operations by March 15, a move many believe will lead to higher oyster prices in the region.
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