Hilbert Smith and his attorney, Ken Carlson, contended Smith was not delinquent on his lease because he was making payments to an escrow account authorized by the courts, but never recognized by the Department of Hawaiian Home Lands. Smith offered to pay off his loan last year, but the agency said it was too late. His homestead history:

June 29, 1977
Smith was granted a $25,000 DHHL loan with monthly payments of $206 due for 25 years.

May 28, 1982
A contested-case hearing was held after Smith failed to maintain the loan payment schedule. He was ordered to make payments.

Sept. 6, 1984
The entire delinquent amount was ordered paid by Oct. 5.

Oct. 6, 1984
The department ordered him to vacate by Dec. 5.

1984
Smith and the other lessees sued the Department of Hawaiian Home Lands over construction defects.

July 5, 1985
Smith requested that his payment schedule be modified. A state judge granted a stay of the department's repossession request.

Dec. 20, 1985
The Hawaiian Homes Commission approved Smith's request to temporarily adjust his payment from $206 to $10.

April 1986
His monthly payment was increased to $175 after a department review of his financial status.

Nov. 29, 1988
An out-of-court agreement was reached about homesteaders' claims of defective construction, with claims dismissed or settled.

1988
Smith appealed another effort to evict him. The state Supreme Court ruled in his favor because he was not afforded due process.

July 30, 1993
The commission canceled his lease and ordered him to vacate by Sept. 30. He had 30 days to appeal but took 44 days to do so.

Jan. 10, 1994
A state judge dismissed his appeal.

March 10, 1995
He appealed to the Hawaii Supreme Count.

March 10, 1995
The high court dismissed the appeal, and ruled the Circuit Court lacked jurisdiction to consider the original appeal.

March 31, 1995
Smith requested a 30-day extension to vacate.

April 13, 1995
The department gave him 10 days to move out.

Dec. 8, 1995
Kauai District Court granted the department possession.

Jan. 5, 1996
The court issued a writ of possession.

See related article: Smith loved, hated Hawaiian Home

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