No. Cal. Pwr. Agcy. v. Grace Geothermal, 469 U.S. 1306 (1984)

Northern California Power Agency v. Grace Geothermal Corp.

No. A-379

Decided December 7, 1984
469 U.S. 1306

ON APPLICATION FOR STAY

Syllabus

An application to stay the Federal District Court’s order granting a preliminary injunction against applicant’s commencing state court eminent domain proceedings under California law to condemn certain geothermal leases obtained by respondent from the Federal Government, is denied. Although the District Court has not, as required by Federal Rule of Civil Procedure 65(d), provided any reviewing court with the benefit of its views as to the nature of the irreparable injury that respondent might suffer or the inadequacy of the remedy at law, or any other requirement for an injunction, appeal as of right lies from the District Court to the Court of Appeals. Moreover, it cannot be said with any certainty that this Court would grant certiorari to review a Court of Appeals judgment approving the District Court’s action, or that the District Court may not enter appropriate findings in support of an injunction before the case is heard in the Court of Appeals.