36.70C.100 - Stay of action pending review.

Stay of action pending review.

(1) A petitioner or other party may request the court to stay or suspend an action by the local jurisdiction or another party to implement the decision under review. The request must set forth a statement of grounds for the stay and the factual basis for the request.

     (2) A court may grant a stay only if the court finds that:

     (a) The party requesting the stay is likely to prevail on the merits;

     (b) Without the stay the party requesting it will suffer irreparable harm;

     (c) The grant of a stay will not substantially harm other parties to the proceedings; and

     (d) The request for the stay is timely in light of the circumstances of the case.

     (3) The court may grant the request for a stay upon such terms and conditions, including the filing of security, as are necessary to prevent harm to other parties by the stay.

[1995 c 347 § 711.]