Opinion
No. 16-1783
02-08-2017
United States of America Plaintiff - Appellee State of Missouri Intervenor Plaintiff - Appellee v. Benton County Sewer District No. 1 of Benton County, Missouri Defendant - Appellee William Seek, solely in his capacity as President an Trustee of Benton County Sewer District No. 1, also known as Ted Seek; Gerald DuVall, solely in his capacity as Vice President and Trustee of Benton County Sewer District No. 1; John Grate, solely in his capacity as Trustee of Benton County Sewer District No. 1; Joseph Gualco, solely in his capacity as Trustee of Benton County Sewer District No. 1; Stephen Tibbetts, solely in his capacity as Trustee of Benton County Sewer District No. 1 Defendants George M. Hall Interested party - Appellant
Appeal from United States District Court for the Western District of Missouri - Kansas City [Unpublished] Before COLLOTON, MURPHY, and GRUENDER, Circuit Judges PER CURIAM.
George Hall appeals following the district court's order granting in part an emergency motion for injunctive relief, filed jointly by the United States and the State of Missouri and joined in by Benton County Sewer District No. 1. Following careful review, we find no abuse of discretion because the record supports the district court's finding that Hall's enjoined acts were taken solely to frustrate the court-approved sale of the Benton County Sewer District's assets and ongoing operations through the court-appointed receiver. See 28 U.S.C. § 1651(a) (federal courts may issue all writs necessary or appropriate in aid of their respective jurisdictions); id. at § 2283 (federal courts may not grant injunction to stay proceedings in state court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments); USCOC of Greater Mo., LLC v. Cty. of Franklin, Mo., 636 F.3d 927, 932-33 (8th Cir. 2011) (noting All Writs Act has been held to give federal courts power to implement orders they issue by compelling non-parties of action to act or by ordering them not to act); Liles v. Del Campo, 350 F.3d 742, 746 (8th Cir. 2003) (reviewing order enjoining related litigation for abuse of discretion). Further, Hall's attempt to challenge the district court's jurisdiction and its approval of an asset sale as contrary to an election outcome prove meritless. See 28 U.S.C. § 1345 ("Except as otherwise provided . . . the district courts shall have original jurisdiction of all civil actions, suits or proceedings commenced by the United States . . . ."); United States v. Geranis, 808 F.3d 723, 726 (8th Cir. 2015) (noting no issue was presented on ballot concerning fate of physical infrastructure of common sewer system operated by Benton County Sewer District No. 1).
The Honorable Beth Phillips, United States District Judge for the Western District of Missouri. --------
Accordingly, the district court's judgment is affirmed. See 8th Cir. R. 47B.