MARSHALL — A Lynd restaurant being sued for violating COVID-19 restrictions is appealing a restraining order against the business, Minnesota court records said.

On Dec. 22, the attorney representing Haven’s Garden gave notice to the Minnesota Court of Appeals that they would be appealing a Ramsey County judge’s ruling ordering a temporary restraining order, court records said. Earlier this month, the judge ordered that Haven’s Garden obey restrictions against indoor dining, as well as any future executive orders affecting bars and restaurants. Haven’s Garden held an indoor gathering for around 80 to 100 people on Nov. 27, and has been open for indoor dining over the past month.

Haven’s Garden owner Larvita McFarquhar was found in constructive civil contempt of court on Dec. 18, after she said she would not follow the restraining orders. McFarquhar would be fined $250 for each day her business was in violation of COVID-19 restrictions, the judge ruled.

While Haven’s Garden will be appealing the restraining order, online records for the Minnesota Court of Appeals do not show that any hearings have been set for the matter yet. Documents filed for Haven’s Garden showed that attorney Nathan Hansen planned to argue the restraining order was a violation of McFarquhar’s 14th Amendment rights.

At a Dec. 16 hearing, Petersen argued that the executive orders against indoor dining were not being applied equally, in violation of the 14th Amendment. Petersen said Gov. Tim Walz had not ordered restaurants and casinos on Native American reservations to close, although he had the power to do so. At that hearing, Minnesota Assistant Attorney General Kaitrin Vohs responded that Native American tribes are sovereign nations, and have their own authority to regulate casinos and restaurants on their land.

As of Monday morning, no new hearings had been set in McFarquhar’s case in Ramsey County District Court.