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UFO CHUTING OF HAWAII, INC. v. YOUNG

No. CIV. 03-00651 SOM/BMK.

327 F.Supp.2d 1220 (2004)

UFO CHUTING OF HAWAII, INC., a Hawaii corporation and K.M.B.S., Inc., a Hawaii Corporation, d.b.a. Kaanapali Tours, Plaintiffs, v. Peter T. YOUNG, in his capacity as Chair of the Board of Land and Natural Resources, State of Hawaii; Stephen Thompson, in his capacity as Acting Administrator, Division of Boating and Ocean Recreation, Department of Land and Natural Resources, State of Hawaii, Defendants.

United States District Court, D. Hawai'i.

July 9, 2004.

Attorney(s) appearing for the Case

Dennis Niles, Paul, Johnson, Park & Niles, Wailuku, HI, for Plaintiffs.

William J. Wynhoff, Honolulu, HI, for Defendants.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

MOLLWAY, District Judge.

I. INTRODUCTION.

Plaintiffs UFO Chuting of Hawaii, Inc., and K.M.B.S., Inc. (collectively, "UFO"), are parasail operators who challenge the validity of a Hawaii law that bans parasailing in the navigable waters surrounding the west and south shores of Maui from December 15 to May 15. UFO argues that the...

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