Hawaii Boating Association v. Water Transportation Facilities Division

651 F.2d 661 HAWAII BOATING ASSOCIATION, Jack Campbell, John Ireton, Thomas Herrington, John O'Connor, Paul Parker and Delbert Smith, Plaintiffs-Appellants, v. WATER TRANSPORTATION FACILITIES DIVISION, DEPARTMENT OF TRANSPORTATION, STATE OF HAWAII, Ryokichi Higashionna, individually and in his capacity as Director, Department of Transportation, Charles Swanson, individually and in his capacity as Deputy Director, Department of Transportation, and David Parsons, individually and in his capacity as Manager, Oahu District Boating Program, Defendants-Appellees. No. 79-4836. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 29, 1981. Decided July 20, 1981. Lowell K. Y. Chun-Hoon, Honolulu, Hawaii, for plaintiffs-appellants. Glen I. Kimura, Honolulu, Hawaii, for defendants-appellees. Appeal from the United States District Court, District of Hawaii. Before KILKENNY, SNEED and FARRIS, Circuit Judges. KILKENNY, Circuit Judge: 1 Appellants, members of a class certified as "persons who have applied for permanent mooring privileges in the small boat harbors of ... Hawaii ... since June 9, 1976, who have resided in the State less than twelve months ... and who intend to…