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KANEOHE BAY CRUISES, INC. v. HIRATA

No. 15865.

861 P.2d 1 (1993)

KANEOHE BAY CRUISES, INC., a Hawaii corporation, Seig Schuster, and Yoshimasa Yamaguchi, Plaintiffs-Appellants, v. Edward Y. HIRATA, individually and in his capacity as Director of the State Department of Transportation, and David E. Parsons, individually and in his capacity as the State Boating Manager of the State Department of Transportation, Defendants-Appellees.

Supreme Court of Hawaii.

September 24, 1993.

Attorney(s) appearing for the Case

Clayton C. Ikei, on the briefs, Honolulu, for plaintiffs-appellants.

Dawn N.S. Chang, Johnson H. Wong, Deputies Atty. Gen., on the briefs, Honolulu, for defendants-appellees.

Before MOON, C.J., LEVINSON and RAMIL, JJ., and JAMES S. BURNS, Intermediate Court of Appeals Chief Judge in Place of Klein, J., Recused, and Nakatani, Circuit Judge, Assigned by Reason of Vacancy.

MOON, Chief Justice.

Plaintiffs-appellants Kaneohe Bay Cruises, Inc., Seig Schuster, President of Kaneohe Bay Cruises, and Yoshimasa Yamaguchi, a tour agent, (collectively, K-Bay) filed a complaint for declaratory and injunctive relief in circuit court, seeking to invalidate certain provisions of Act 313, passed by the 1990 Legislature, which bans the commercial operation of thrill craft and other commercial waterborne activities in Kaneohe and Maunalua Bays on weekends...

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