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MATTER OF LEASE CANCELLATION OF SMITH

No. 10745.

719 P.2d 397 (1986)

In the Matter of the LEASE CANCELLATION OF Hilbert C.K. SMITH, Lot No. 44, Anahola, Kauai, Hawaii.

Supreme Court of Hawaii.

May 15, 1986.

Attorney(s) appearing for the Case

Alan T. Murakami (Livia Wang, with him on briefs; Native Hawaiian Legal Corp., of counsel), Honolulu, for appellant.

Haunani Burns (George K.K. Kaeo, Jr., with her on brief), Deputy Attys. Gen., Honolulu, for appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PADGETT, Justice.

This is an appeal by a Hawaiian Homes Commission lessee from a judgment entered in the Fifth Circuit granting the petition of the Hawaiian Homes Commission to recover appellant's leasehold and ordering the appellant to vacate the same. Because the court below never had jurisdiction over the appellant, and because the proceedings below denied appellant fundamental due process rights, we reverse and dismiss the proceedings.

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