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UFO CHUTING OF HAWAII, INC. v. YOUNG

Civ. No. 03-00651 SOM/BMK.

380 F.Supp.2d 1166 (2005)

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 7, 2005.

Attorney(s) appearing for the Case

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

William J. Wynhoff, Office of the Attorney General, Honolulu, HI, for Defendants.

AMENDED ORDER GRANTING DEFENDANTS' MOTION FOR RELIEF FROM FINAL JUDGMENT

MOLLWAY, District Judge.

I. INTRODUCTION.

Defendants Peter Young and Stephen Thompson seek relief from this court's order of July 9, 2004, which declares that federal law preempts Hawaii's seasonal parasailing ban, Haw.Rev.Stat. § 200-37(i), as well as all related rules and regulations derived from that statute. Defendants argue that the court's order should...

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