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Shumway v. Betty Black Living Trust

Supreme Court of Alaska

March 28, 2014

TODD SHUMWAY, Appellant,
v.
BETTY BLACK LIVING TRUST, DALE LOCKWOOD and JOAN SHUMWAY, Appellees

Page 373

Appeal from the Superior Court of the State of Alaska, First Judicial District, Juneau, Philip M. Pallenberg, Judge. Superior Court No. 1JU-09-00823 CI.

Todd Shumway, Pro se, San Luis, Arizona, Appellant.

Robert S. Spitzfaden, Gruening & Spitzfaden, APC, Juneau, for Appellee Betty Black Living Trust.

Vance A. Sanders, Law Office of Vance A. Sanders, LLC, Douglas, for Appellee Dale Lockwood.

No appearance by Appellee Joan Shumway.

Before: Fabe, Chief Justice, Winfree, Stowers, Maassen, and Bolger, Justices.

OPINION

Page 374

MAASSEN, Justice.

I. INTRODUCTION

This case arises from a dispute between property owners on a small island in Southeast Alaska. After moving to the island with his family, Todd Shumway engaged in activities that Betty Black, the largest landowner, claimed were in violation of the island's protective covenants. The superior court found in favor of Black and awarded injunctive and monetary relief to her and another landowner, Dale Lockwood. When Black attempted to collect on her judgment by executing on Shumway's island property, Shumway, who was incarcerated in Arizona on charges unrelated to this case, claimed a homestead exemption. The superior court denied the exemption. Shumway appeals the denial; we affirm.

II. FACTS AND PROCEEDINGS

A. Factual Background

Colt Island is a small island near Juneau, accessible only by water and air. It was originally developed in 1975 by William Black; protective covenants were recorded in 1977, regulating activities on the island. Among other things, the covenants govern community use of the tidelands, trails, and spring; limit tree removal; and restrict waste disposal. During the times relevant here, most of the island tracts, including the portions under the common-use trails and the easements for common access, were owned by Betty Black, and the remaining lots ...


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