HAWAII HOUSING AUTH. V. MIDKIFF, 463 U. S. 1323 (1983)

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U.S. Supreme Court

Hawaii Housing Auth. v. Midkiff, 463 U.S. 1323 (1983)

Hawaii Housing Authority v. Midkiff

No. A-113

Decided September 2, 1983

463 U.S. 1323


An application to stay an order of the Court of Appeals -- which, after holding the condemnation provisions of the Hawaii Land Reform Act unconstitutional, later entered the challenged order that recalled its mandate for clarification and, pending such clarification, enjoined applicants, the Hawaii Housing Authority and its commissioners and executive director, from pursuing or initiating any state administrative or judicial proceedings under the Act -- is denied. Although a notice of appeal to this Court was filed with the Court of Appeals before it issued the order, a court retains the power to grant injunctive relief to a party to preserve the status quo during the pendency of an appeal, and the record does not show that the Court of Appeals abused its power in recalling its mandate. While the order does not contain findings such as those contemplated by Federal Rule of Civil Procedure 65, a stay based on such ground would be inappropriate at the present time, since the Court of Appeals contemplates possible modification of its injunction in the near future. And because of the unique interlocutory posture of the case at present, it would also be inappropriate to stay the order on the asserted ground that the injunction against further state proceedings violates principles of federalism; the order is not demonstrably wrong, and the Court of Appeals itself may revise its order shortly.

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