Dowling quits regents
amid UH land conflictA multimillion-dollar
astronomy project may rest on his Maui land
Maui developer Everett Dowling resigned yesterday from the Board of Regents at the University of Hawaii in hopes of ending any conflicts of interest that could stand in the way of building a new Institute for Astronomy on land Dowling owns.
Last month, the Board of Regents' meeting exploded with allegations of conflicts of interest because the institute wants to build a multimillion-dollar facility with the newest generation of solar telescopes on about three acres Dowling owns in Upcountry Maui.
Dowling's resignation will give Gov. Linda Lingle a chance to appoint a majority of the 12-member Board of Regents.
At odds with UH President Evan Dobelle, Lingle recently appointed Kitty Lagareta and three others who were confirmed by the state Senate as regents.
After two of her other regent nominees were rejected, the governor appointed Ted Hong and Jane Tatibouet as interim regents, making it six Lingle appointees on the board.
Lingle and Dobelle could not be reached for comment.
Lagareta and Hong were vocal opponents to going forward with the Maui project.
Dowling sought an opinion from the state Ethics Commission, which ruled a year ago that there would be no conflict of interest if Dowling, in either role of regent or developer, simply withdrew from discussions or decisions involving the project.
But the commission's opinion did not satisfy several regents, who felt a conflict still existed since Dowling was a regent who owned the land and was therefore still involved in the project's development.
In his resignation letter to Lingle, Dowling said: "The importance of this project and the prestige and potential economic development implications it brings to the university and to the County of Maui far outweigh my holding a seat on the Board of Regents."
Dowling, who served five years on the board, said the project "offers an opportunity to make an enormous impact in the area of scientific research, education and the creation of jobs."
In an interview yesterday, Dowling said now that he has resigned, he plans to wait to see whether university officials want to proceed with the project on his site.
Yesterday, Lagareta said "the issue wasn't regent Dowling or the merit of the project. It was about the fact that a majority of members on the board felt it was uncomfortable to have a regent developing a multimillion-dollar project for the university."
Lagareta, who approves of the astronomy project itself, said Dowling "really wants to develop it, and in that case he did the honorable thing (by resigning)."
Lagareta said that unless any new information surfaces, she is likely to approve the project be built on Dowling's land.
"If the university comes back and says he's not a regent and this is the best property, then my issue is gone and I would go with the university recommendation."
In his resignation letter, Dowling referred to Lagareta and Hong when he said "two newly appointed board members indicated that the ruling of the Ethics Commission was not sufficient and that the preferred course of action is that I step down."
Both Lagareta and Hong said yesterday they were not asking for Dowling to step down.
Asked if he would reconsider the project now that Dowling was no longer a board member, Hong said he wants to see what the university administration proposes and to take another look at the ethics laws.
"I said from day one it's a good project," Hong said. "The question to me was the ethics."
Dowling offered to sell the land to UH for 4.5 percent below the appraised value of $1.8 million.
Dowling said the estimated cost of construction was about $8.6 million, and the project would support research and development of solar telescopes totaling $80 million to $100 million.
At the June 20 regents meeting, Michael Maberry, a spokesman for the institute, said Dowling's land was the only parcel available in the area that already had water, electricity and infrastructure. Other land, he said, would take years to get water and proper zoning.
He said the institute had outgrown the 80-year-old farmhouse it now occupies and needs land for new labs, machine shops, offices, libraries and an auditorium for presentations. He also said that if the institute meets certain building deadlines, it could qualify for a National Science Federation grant worth about $100 million.
Maberry was surprised but pleased yesterday with Dowling's resignation.
"This certainly would be to our benefit," said Maberry, adding that he was unaware that Dowling was considering resignation.
Maberry said Dowling's parcel "is the only subdivision in the Upcountry area that is in the community plan, zoned commercial, with water utilities and communication infrastructures available for construction at this time."