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POP-A-DUCK, INC. v. GARDNER

No. CV-19-969.

642 S.W.3d 220 (2022)

2022 Ark. App. 88

POP-A-DUCK, INC.; Berry Abney; Buck Matthews; Larry Vassar; Billy Kyle; and Robert Hardin, Appellants v. John E. GARDNER; Robbie Gardner; Manning Family, LLC; Cecil Gardner Family, LLC; Terrell Wayne Evans; and WE Farms, LLC, Appellees.

Court of Appeals of Arkansas, Division IV.

Opinion Delivered February 23, 2022.

Attorney(s) appearing for the Case

Hilburn, Calhoon, Harper, Pruniski & Calhoun, Ltd., North Little Rock by: Sam Hilburnand Tess E. Stewart, for separate appellants Pop-A-Duck, Inc., Berry Abney, Buck Matthews, Larry Vassar, and Billy Kyle.

Dover Dixon Horne PLLC, Little Rock, by: Monte Estes, for separate appellant Robert Hardin.

McMullan & Brown, Little Rock, by: Marian Major McMullan, for separate appellees John E. Gardner; Robbie Gardner; Manning Family, LLC; and Cecil Gardner Family, LLC.

John R. Clayton & Associates, by: John R. Clayton, for separate appellees Terrel Wayne Evans and WE Farms, LLC.

This appeal arises from an order denying a request for a declaration that a prescriptive and public easement be established across farmland owned by appellees, John E. Gardner; Robbie Gardner; Manning Family, LLC; and Cecil Gardner Family, LLC (collectively the "Gardners"), to an access point on the Cache River in...

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