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JACK'S TOURS, INC. v. KILAUEA MILITARY CAMP

No. 27442.

145 P.3d 693 (2006)

JACK'S TOURS, INC., Complainant-Appellant, v. KILAUEA MILITARY CAMP, Respondent-Appellee.

Supreme Court of Hawai`i.

September 29, 2006.

Attorney(s) appearing for the Case

Wray H. Kondo, Emi L.M. Kaimuloa, Christopher J. Bennett (of Watanabe Ing & Komeiji), on the briefs, Honolulu, for complainant-appellant Jack's Tours.

R. Michael Burke, Assistant U.S. Attorney, on the briefs, for respondent-appellee Kilauea Military Camp.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; Circuit Judge NISHIMURA, in place of ACOBA, J., Recused.

Opinion of the Court by MOON, C.J.

Complainant-appellant Jack's Tours, Inc. (Jack's Tours) appeals from the June 17, 2005 decision and order of the State of Hawai`i Public Utilities Commission (PUC) in favor of respondent-appellee Kilauea Military Camp (KMC). The PUC dismissed Jack's Tours' complaint for lack of subject matter jurisdiction, concluding, inter alia, that the Supremacy Clause of the United States Constitution, quoted infra, preempts any...

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