Scannell Properties #516, LLC and Scannell Properties #673, LLC v. City of Edwardsville, Kansas

Summary

The United States District Court for the District of Kansas overruled the City of Edwardsville’s objections to a magistrate judge’s order denying a stay of district court proceedings pending an interlocutory appeal. The court held that the magistrate judge properly applied the stay-pending-appeal factors, including likelihood of success, irreparable harm, harm to opposing parties, and the public interest, and that the ruling was neither clearly erroneous nor contrary to law.

Holdings

1. The stay-pending-appeal factors apply without distinguishing between the party who filed the appeal and the party who seeks the stay.
2. The magistrate judge did not apply the wrong legal standard by using the factors traditionally applied to preliminary injunctions and stays pending appeal.
3. The City failed to show that the magistrate judge's denial of a stay was clearly erroneous or contrary to law.

Questions Presented

1. Whether the magistrate judge applied the correct legal standard in evaluating the City's motion to stay proceedings pending the plaintiffs' interlocutory appeal.
2. Whether the stay-pending-appeal factors apply without regard to which party filed the appeal and which party requested the stay.
3. Whether the magistrate judge's weighing of the relevant stay factors was clearly erroneous or contrary to law under Rule 72(a).

Disposition

other