Mark Prado, MARIN INDEPENDENT JOURNAL
The Drakes Bay Oyster Co. will take its fight to stay open to the U.S. Supreme Court after a petition to have its case reheard by the 9th U.S. Circuit Court of Appeals was denied Tuesday morning.
In October, attorneys for owner Kevin Lunny filed a petition for what is known as an en banc rehearing after the court ruled against Drakes Bay in September.
The petition to rehear the case argued that the review should be granted because the panel decision conflicts with precedent set by the U.S. Supreme Court and the 9th Circuit.
But Lunny said in a statement late Tuesday he will take his fight to the Supreme Court.