POINT REYES (CBS/AP) – The owners of a North Bay oyster farm that is scheduled to be removed from Point Reyes National Seashore are appealing a judge’s refusal to allow it to stay open while its lawsuit against the government proceeds.

Drakes Bay Oyster Co. on Wednesday filed an appeal with the Ninth U.S. Circuit Court of Appeals.

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The company wants the court to allow the facility to stay open while its case is heard, a request a lower court judge denied.

Oyster farm owner Kevin Lunny said he is committed to fighting Interior Secretary Ken Salazar’s refusal to renew the farm’s lease in the national park.

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Salazar said the waters of Drakes Estero should return to wilderness.

The Interior Department refused to comment on the ongoing legal case.

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