Ufo Chuting of Hawaii, Inc. v. Smith

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UFO CHUTING OF HAWAII, INC., a  Hawaii corporation; K.M.B.S., INC., a Hawaii corporation d/b/a Kaanapali Tours, Plaintiffs-Appellants, v. ALLAN A. SMITH, in his capacity as Chair of the Board of Land and Natural Resources, State of Hawaii, and Acting Director of the No. 05-16545 Department of Land and Natural Resources, State of Hawaii;  D.C. No. CV-03-00651-SOM STEPHEN THOMPSON; ED UNDERWOOD, in his capacity as OPINION Administrator, Division of Boating and Ocean Recreation, Department of Land and Natural Resources, State…