Section 49-41B-31 - Order not stayed by appeal--Stay or suspension by court. - South Dakota Statutes

49-41B-31. Order not stayed by appeal--Stay or suspension by court. Notwithstanding the provisions of § 49-41B-30, the pendency of proceedings on appeal from a Public Utilities Commission order shall not of itself stay or suspend the operation of the order, but during the pendency of the proceedings the court may, upon motion by one of the parties, stay or suspend, in whole or in part, the operation of the commission's order on terms it deems just, and in accordance with the practice of courts exercising equity jurisdiction, but no stay shall be granted without notice to the parties and opportunity to be heard by the court. No commission order shall be stayed or suspended absent a finding that, great or irreparable damage would otherwise result to the party seeking the stay or suspension and any other staying or suspending a commission order shall specify the nature of the damage.

Source: SL 1977, ch 390, § 24.