East MacEdonia Baptist Church, Inc.; and Clifton Hayes v. Todd Allen Pettit and the Stracener Family Revocable…

Summary

The dissent would have granted review because Arkansas law governing prescriptive easements, particularly the adversity requirement, is unclear and inconsistently applied. It identified uncertainty concerning whether a landowner's passive acquiescence to prolonged use establishes adversity and argued that this uncertainty gives lower courts excessive discretion and leaves landowners unable to protect their rights. The petition for review was denied, but the dissent would have granted it to clarify the governing law.