1. Home
  2. Browse Decisions
  3. F.3d
  4. 42 F.3d
  5. 42 F.3d 1185 (1994)
 

BARBER v. STATE OF HAWAI'I

Nos. 93-15678, 93-15856.

42 F.3d 1185 (1994)

Randal T. BARBER, Plaintiff-Appellant, and Hawaiian Navigable Waters Preservation Society, a non profit corporation and on behalf of its members and all others similarly situated, Plaintiff, v. STATE OF HAWAI'I, et al.; United States of America, Defendants-Appellees, and United States of America, et al., Defendants. HAWAIIAN NAVIGABLE WATERS PRESERVATION SOCIETY, a non profit corporation and on behalf of its member and all others similarly situated, Plaintiff-Appellant, v. STATE OF HAWAI'I; Rex Johnson, in his capacity as Director of Hawai'i Department of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1994.

Attorney(s) appearing for the Case

Morgan J.C. Scudi, Huth, Farmer, and Scudi, San Diego, CA, for plaintiff-appellant, Hawaiian Navigable Waters Preservation Society.

Joseph A. Ryan, Ryan & Ryan, Honolulu, HI, for plaintiff-appellant, Randal T. Barber.

Dawn N.S. Chang, Deputy Atty. Gen., State of Hawai'i, Honolulu, HI, for defendants-appellees, State of Hawai'i, Rex Johnson, Director of the Hawai'i Dept. of Transportation, William W. Paty, Jr., Director of the Department of Land and Natural Resources, David E. Parsons, Hawai'i State Boating Manager, Paul A. Dolan, Boating Regulation Manager, Stephen L. Thompson, Oahu Small Boat Harbors Manager.

Girard D. Lau, Deputy Atty. Gen., Honolulu, HI, for defendant-appellee, State of Hawai'i.

Thomas Helper, Asst. U.S. Atty., Honolulu, HI, for defendant-appellee, U.S.

Before: FARRIS, BEEZER, Circuit Judges and MUECKE, District Judge.

FARRIS, Circuit Judge:

This action concerns the right of the State of Hawaii to enact legislation and adopt rules regulating anchorage and mooring privileges within its ocean waters and navigable streams. The Hawaiian Navigable Waters Preservation Society and Randal T. Barber allege that such legislation and regulations improperly abridge their rights under the U.S. Constitution, Treaties, Federal law, admiralty law, and common law. The district court granted summary...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases