The owners of Drakes Bay Oyster Co., which is scheduled to be evicted from Point Reyes National Seashore, are appealing a judge's refusal to allow it to stay open while its lawsuit against the government proceeds.

The company on Wednesday filed an appeal with the 9th U.S. Circuit Court of Appeals.

The company wants the court to allow the facility to remain open while its case is heard, a request a lower court judge denied.

Oyster farm owner Kevin Lunny said he is committed to fighting Interior Secretary Ken Salazar's refusal to renew the farm's lease in the national park.

Salazar has said the waters of Drakes Estero should return to wilderness. The Interior Department declined to comment on the ongoing legal case.