© 2007 The Associated Press
HILO, Hawaii — A Honolulu company is suing a Big Island real estate firm for allegedly calling a Hilo property pristine even though it was infested with loudly chirping coqui frogs.
Brinkwood Land Equities Ltd. is suing Hilo Brokers Ltd. and Hilo Brokers owner Kelly Moran in Honolulu Circuit Court.
The suit alleges a Hilo Brokers' advertisement claimed residents would be able to listen to the sound of waterfalls and a stream from a porch on the four-acre property at 245 Wainaku Street.
But buyer Sandy Singleton, during a visit to the site at night, said he heard a painful screeching noise a passer-by told him came from coqui frogs.
The suit, filed on Sept. 5, alleges that Hilo Brokers and Moran made "false representations" and violated state law that prohibits unfair or deceptive practices.
The plaintiffs are seeking damages, costs and lawyers' fees.
Coqui frogs, and their unique nocturnal chirping, are beloved in their native Puerto Rico. But in Hawaii, where there are no snakes or other natural predators of the amphibians, the frogs have multiplied rapidly and become a nuisance. Thousands of coqui frogs packing forests and private gardens chirp in unison each night on the Big Island and Maui, generating a deafening roar some residents compare to the sound of jet planes at an airport.
Moran said the loud whistles of the frogs have been commonplace in Wainaku for years. She added the issue was fully disclosed in a contract addendum that warned of the coqui frog problem on the island.
"I think it's a little ludicrous," Moran said of the lawsuit. "They signed off on that addendum that explained the issues of coqui frogs. They signed that when they wrote up the contract, so that's self-explanatory."
Singleton and James Clay made an offer to buy the land on May 23, 2005 for more than $2 million, and committed $25,000 that would be forfeited if the transaction did not close, according to the suit.
The two also committed more than $26,000 in development expenses, according to the suit.
After the deposit was fully committed, Singleton received information that the neighborhood might be a hangout for drug dealers and prostitutes at night, and visited the site on the evening of Sept. 7, 2005 to see for himself.
When he arrived at the property, Singleton "heard a painful screeching noise as if small animals or birds were being tortured," according to the suit.
Singleton decided the property could not be developed in a way that would allow residents to hear the waterfalls from their homes, and the sale never closed.
Singleton and Clay later assigned their interest and claim in the transaction to Brinkwood, which filed the suit.
