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The Honolulu Advertiser
Posted on: Thursday, May 17, 2001

Maui probe still dogging Lingle

By Christie Wilson
Neighbor Island Editor

Former Maui Mayor Linda Lingle, the presumed Republican candidate for governor in 2002, continues to be dogged by an investigation into the Makawao Highlands housing project, an investigation she calls "blatantly political."

Linda Lingle calls the investigation "blatantly political."

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Former state Attorney General Margery Bronster has joined the hunt for wrongdoing at $200 an hour. A Maui County Council committee this week recommended approval of the hourly fee for Bronster to serve as special counsel.

Bronster told council members during a closed-door meeting Tuesday that she is offering a substantial discount from what she usually charges.

In approving the higher rate, the committee set a $30,000 cap on Bronster's fees.

Bronster said yesterday she took the job because "analyzing government regulations and procurement approvals are things that I am qualified to do and I'm interested in staying involved in government-related work."

"(Bronster) already has shown she is not objective when it comes to Maui County or me. She has a clear political agenda and the public sees right through this," said Lingle, who served two terms as mayor from 1991-98. "They're playing politics and using public money to do it."

Bronster was best known for leading the state's investigation of the Kamehameha Schools (then known as Bishop Estate), conducting an inquiry into gasoline prices and suing cigarette makers.

Gov. Ben Cayetano and other Bronster supporters believe it was her pursuit of the politically influential Bishop Estate that caused the state Senate to reject her reappointment in April 1999.

Since then, she has gone into private practice with the law firm Bronster Crabtree & Hoshibata.

Lingle, head of the Hawai'i Republican Party, said yesterday that "every law was followed" in the county's handling of the $5.5 million Makawao Highlands project. "This is really a waste of time and it's blatantly political," she said.

Margery Bronster said she's offering a substantial discount on her hourly fee.

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Naming Bronster as special counsel "just makes it more political because of her previous political attack on Maui County," said Lingle, referring to a federal lawsuit over sewage spill violations that was filed by the state attorney general and the U.S. Environmental Protection Agency three months before the 1998 gubernatorial election when Lingle was challenging Cayetano in a close race.

The complaint was dismissed by a federal judge who said it belonged in state court. The county, under Mayor James "Kimo" Apana, eventually settled the case.

Bronster said yesterday that the U.S. Department of Justice, under a Democratic administration, joined the state in filing the lawsuit. She said Lingle's contention that the lawsuit was politically motivated "is nonsense."

Her task as special counsel for Maui County will be to investigate, analyze and, if appropriate, pursue judicial remedies to any wrongdoing by former county officials involved in the Makawao Highlands project.

Last year, the Maui County Council authorized hiring a special attorney to investigate the Makawao Highlands project.

The action followed an audit by Russell Yamane & Associates that said county money had been spent without proper approval and that the housing project resulted in a loss to taxpayers of $1.4 million.

The dispute dates to 1992, when developer Joel Cavasso acquired a 3.9-acre parcel in Makawao for a proposed housing development. Cavasso said he proceeded with the project on the basis of a zoning error committed by the county's land-use and codes division.

When he was ordered by the county to stop after he started development, he wrote to Lingle in 1995 to say he was facing foreclosure because of the zoning error and that he was considering litigation against the county.

The administration agreed to buy the Makawao land for $1.95 million, and developed it as an affordable housing project.

The council approved the project in 1996 but was not told of Cavasso's letter or the circumstances surrounding the county's decision to develop the land.

Critics have characterized the deal as a bailout of the developer, but Lingle said the arrangement saved the county from potentially costly litigation and resulted in affordable housing for 22 families.