Kahuku family narrowly averts eviction in dispute

A drawn-out fight for some families to remain in former plantation housing rentals in Kahuku appears to be edging closer to what could be a difficult end for the tenants with ties to former Kahuku Sugar Mill workers.

A moving van showed up Friday morning to evict Guy and Lynn Eugenio, who live with four children in a home at Kahuku Village that for 43 years has been the Eugenio family residence.

But a lawyer for the Eugenios convinced an off-duty sheriff to halt the eviction after arguing that the eviction notice had been improperly served on one of the Eugenios’ children. Workers with the moving company hired for the eviction unloaded the van and left.

"I was so scared," Lynn Eugenio said of the incident. "I started breaking out crying. We’re just trying to live the simple life."

About nine other families are in or could soon be facing a similar situation in the community of about 70 known as Kahuku Village V, or KV5.

The evictions are tied to a redevelopment plan by a Florida company that bought the property seven years ago from Campbell Estate.

The developer, Continental Pacific LLC, proposed to expand the subdivision and sell the rental homes to tenants for $75,000. Continental, however, ran into permitting trouble with the plan, and instead cut out the expansion but raised the price for residents to $150,000.

The Eugenios were among those who said they wanted to buy their home at the initial price, and Lynn Eugenio said they remained interested at $150,000.

However, in June 2012 the family had a dust-up with Continental after refusing to allow surveyors to remove a fence as part of work to widen a road. Continental responded by notifying the Eugenios their lease was terminated and that they would be evicted. Their residence, along with those of other KV5 tenants who turned down the purchase offer or had their leases terminated for other reasons, would be marketed for sale at prices ranging from $257,860 to $407,820 for anyone interested.

Lynn Eugenio said the fence was part of where their eight dogs lived, and that she considered Continental’s eviction action unfair and retaliatory.

Tony Locriccio, an attorney retained by the Eugenios and other families at KV5 facing eviction, said the Eugenios managed to defeat four eviction lawsuits brought in state court by Continental. But a day before a trial was set to begin in a fifth case, the Eugenios filed for bankruptcy in May as a way to block the latest effort.

U.S. Bankruptcy Court Judge Robert Faris considered arguments in the case, and in August granted a Continental motion to repossess the home and proceed with a physical eviction.

Locriccio contended that he had to pursue bankruptcy because he suffered a heart attack and could not defend the Eugenios in state court. He also said that Faris improperly decided the case that never got a trial in state court.

Locriccio unsuccessfully tried to appeal the Bankruptcy Court decision to the 9th U.S. Circuit Court of Appeals but said he will try again on new grounds.

Meanwhile, several other KV5 residents have eviction cases pending in state court or Bankruptcy Court.

Continental Pacific said in a statement that these residents followed the advice of their attorney and chose to fight rather than to purchase.