NICHOLS v. CULOTCHES BAY NAVIGATION RIGHTS

No. CA 08-1448.

309 S.W.3d 218 (2009)

2009 Ark. App. 365

Henry NICHOLS and Regions Bank, Trustees for Alpha Trust, Appellants, v. CULOTCHES BAY NAVIGATION RIGHTS COMMITTEE, L.L.C., Appellee.

Court of Appeals of Arkansas.

May 6, 2009.


Attorney(s) appearing for the Case

Rose Law Firm, a Professional Association, by: Richard T. Donovan, Stephen N. Joiner, and Joi Leonard, Little Rock, for appellants.

John H. Bell, McCroy, for appellee.


RITA W. GRUBER, Judge.

Appellants, Henry Nichols and Regions Bank, trustees for Alpha Trust, (hereinafter, "Alpha Trust") bring this appeal from the Prairie County Circuit Court's order of summary judgment, determining that a contested portion of Culotches Bay is navigable and subject to public use. Alpha Trust asserts two points on appeal: first, it contends that the trial court erred in granting summary judgment to appellee when appellee did not request summary...

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