United States v. Benton County Sewer District No. 1

674 F. App'x 611

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 8, 2017
• Docket: 16-1783
• Status: Unpublished

Opinion

PER CURIAM.

George Hall appeals following the district court’s 1 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 operas tions 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).

Accordingly, the district court’s judgment is affirmed. See 8th Cir. R. 47B.

1 . The Honorable Beth Phillips, United States District Judge for the Western District of Missouri.