Diesel has been at the Central Okanagan Regional District dog pound for 21 months.
The Central Okanagan Regional District, which has been holding Diesel at its dog pound for 21 months, doesn't want to give him back.
It's a dragged-out drama that shows no signs of being solved any time soon.
The latest development this week is that the regional district is willing to take the German shepherd-cross off death row if Smith agrees to Diesel being placed anonymously in an adoptive home outside the Central Okanagan.
"I totally disagree with that," Smith told The Okanagan Saturday.
"Diesel is not a dangerous dog. Why can't I just have him back?"
That's a loaded question we'll get to later.
Smith, a retired paramedic and insurance consultant, has until Jan. 14 to officially respond to the regional district offer.
Meantime, the regional district issued its Diesel proposal to Smith in a news release distributed to all local media.
"The regional district made an offer to me in March to release Diesel to me with certain conditions, like muzzling him and having him leashed all the time," said Smith.
"I made a counter-offer and then never heard back from them, so why would I now agree to have Diesel given to someone I don't know out of town and never see Diesel again?"
Currently, Smith is allowed to visit Diesel at the dog pound once a week for a half-hour.
The saga began well before Diesel was taken into regional district custody in March 2011 for biting another dog.
"It was a neighbour's dog who attacked Diesel, and Diesel fought back," said Smith.
In the four years previous, Smith received 13 citations for failing to control Diesel over complaints related to the dog charging and chasing other animals and jumping and snapping at people.
Smith successfully fought some of the tickets and blames others on a neighbourhood dispute in which the woman with the bitten dog allegedly solicited other neighbours to complain about Smith and Diesel.
The case is further complicated by the fact that in provincial court in August, a judge ruled Smith was an irresponsible dog owner and that Diesel was a dangerous dog that should be put down.
Smith appealed and has been successful in keeping Diesel from being killed.
Meanwhile, a provincial expert deemed Diesel to be non-aggressive and non-dangerous.
Usually, a dog is only ordered euthanized if it has bit a person maliciously.
"I know Diesel has some bad habits," said Smith. "But he is not a dangerous dog. He only fights back if another dog attacks him first. Diesel belongs with me."