The Arkansas Court of Appeals recently ruled in favor of Midway Bluffs Friends, a nonprofit organization, reversing a lower court's dismissal of their case against CCSV Properties, LLC, and others. The court's decision allows Midway to pursue its claim for a public prescriptive easement to access Greers Ferry Lake. This ruling affects local property owners and the public who have historically used the road for access to the lake.

The case, Midway Bluffs Friends v. CCSV Properties, LLC, et al., originated when Midway filed a complaint in December 2022 after CCSV Properties blocked access to a road that had been used for decades. The organization argued that its members had established a public prescriptive easement through continuous and public use of the road. The lower court's dismissal of the case raised questions about the necessity of including the United States Army Corps of Engineers (COE) as a party, which the court believed was essential due to its ownership of a flowage easement in the area.

Midway Bluffs Friends is composed of property owners near the road leading to Greers Ferry Lake. The group claimed that the road had been used for public access until CCSV Properties installed a gate, blocking entry. The organization sought legal recognition of the road as a public prescriptive easement, which would allow continued access to the lake. CCSV Properties countered by arguing that Midway lacked standing and that the COE was a necessary party due to its easement rights.

The dispute escalated through several court hearings, with the circuit court ultimately ruling that COE was indispensable to the case. This ruling prompted Midway to amend its complaint to include the United States as a defendant. However, the organization maintained that COE's role was minimal and that it was not necessary for the case to proceed.

On February 6, 2025, the circuit court dismissed Midway's third amended complaint, asserting that it could not adjudicate the case without the participation of the United States. Midway appealed this decision, arguing that COE was not a necessary party and that the case could proceed without it.

The Arkansas Court of Appeals reviewed the circuit court's ruling and found that COE's interest in the flowage easement was not materially affected by the outcome of the lawsuit. The court noted that Midway's claim for a public prescriptive easement did not seek to burden COE's flowage easement and that complete relief could be granted without COE's involvement. The court stated, "Midway made it clear that it is seeking a prescriptive public easement across the land owned by CCSV Properties, which necessarily contains the red line 'flowage easement area,' but Midway is not claiming an easement over the shore area owned by COE."

The court concluded that the circuit court erred in dismissing the case based on the belief that COE was an indispensable party. The appellate court reversed the lower court's decision and remanded the case for further proceedings, allowing Midway to continue its pursuit of the public prescriptive easement.

This ruling is significant for local residents and the general public who have relied on the road for access to Greers Ferry Lake. It highlights the importance of public access to waterways and the legal complexities surrounding property rights and easements. The case will now return to the lower court for further consideration, allowing Midway to present its arguments and evidence in support of its claim.

As the case moves forward, it remains to be seen how the lower court will handle the proceedings and whether any additional parties will be involved. The ruling sets a precedent for similar cases involving public access and easement rights, emphasizing the need for clarity regarding the roles of various parties in property disputes.