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CAPTAIN ANDY'S SAILING v. DLNR

No. 25387.

150 P.3d 833 (2006)

CAPTAIN ANDY'S SAILING, INC., a Hawai`i corporation, Plaintiff-Appellant, v. DEPARTMENT OF LAND AND NATURAL RESOURCES, State of Hawai`i; Peter T. Young, Director of the Department of Land and Natural Resources and Chairperson of the Board of Land and Natural Resources, State of Hawai`i; Mason Young, Acting Administrator, Division of Boating and Ocean Recreation, Department of Land and Natural Resources, State of Hawai`i; and David Parsons, Administrator, Division of Boating and Ocean Recreation, Department of Land and Natural Resources, State of Hawai`i, Defendants-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied November 30, 2006.

Attorney(s) appearing for the Case

Dennis Niles, Wailuku, and Tom Pierce (of Paul, Johnson, Park & Niles), on the briefs, for Plaintiff-Appellant Captain Andy's Sailing, Inc.

Michael Q.Y. Lau and Sonia Faust, Deputy Attorneys General, on the briefs, for Defendant-Appellee State of Hawai`i and Mason Young.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by NAKAYAMA, J.

Plaintiff-Appellant Captain Andy's Sailing, Inc. (hereinafter "CASI"), appeals from the judgment of the Circuit Court of the First Circuit2 ("circuit court") filed on September 13, 2002, following the grant of judgment on the pleadings, or, in the alternative, summary judgment in favor of Defendants-Appellees Department of Land and Natural Resources, State of Hawai`i ("DLNR") and DLNR officials Peter...

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