Shumway v. Betty Black Living Trust, 321 P.3d 372

Shumway and his family moved to Colt Island, Alaska, where Betty Black Living Trust held most of the property and protective covenants regulate use of tidelands, trails, and common areas.
Black sued Shumway for trespass and covenant violations; Shumways counterclaimed against Black and third-party against Dale Lockwood.
Superior Court granted partial summary judgment for Black and Lockwood, then issued a permanent injunction and monetary damages in 2010–2011.
Writ of execution was issued in December 2011; Shumway, incarcerated in Arizona, claimed a homestead exemption under AS 09.38.010.
Superior Court held Shumway not eligible for the exemption because he was not an Alaska resident at the time of the levy.
Black died during the appeal; Betty Black Living Trust succeeded to her interest and was substituted as party.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the appeal from the homestead exemption denial was timely	Shumway argues timely appeal despite incarceration	State argues late filing; rule requires timely appeal for exemption order	The court relaxed timing for exemption appeal; affirmed denial on merits
Whether Shumway was an Alaska resident for homestead exemption purposes at levy	Shumway resided in Alaska for five years and intended to remain	Incarceration in Arizona and substantial ties to Arizona negate residency	Superior Court did not clearly err; Shumway not an Alaska resident at levy

Denali Fed. Credit Union v. Lange, 924 P.2d 429 (Alaska 1996) (appealability of order denying execution-related relief)
Crowley v. State, Dep’t Of Health & Soc. Servs., 253 P.3d 1226 (Alaska 2011) (clarifying standards on review and finality)
Toliver v. Alaska State Comm’n for Human Rights, 279 P.3d 619 (Alaska 2012) (liberal treatment of pro se claims in review)
Ilardi v. Parker, 914 P.2d 888 (Alaska 1996) (residency factors for homestead exemption; weigh absences)