ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
ROBERT J. GLADWIN, JUDGE
DIVISION III
DAVID E. JONES and CHERYL JONES
APPELLANTS
V.
LOVE’STRAVELSTOPS&COUNTRY
STORES, INC.
APPELLEE
CA07466
JANUARY 9, 2008
APPEAL FROM THE CONWAY
COUNTY CIRCUIT COURT
[NO. CV2005101]
HON. DAVID H. McCORMICK,
CIRCUIT JUDGE
REMANDED
Appellants, David andCheryl Jones, appeal the January 26, 2007order of the Conway
County Circuit Court finding that appellee, Love’s Travel Stops & Country Stores, Inc.
(Love’s), acquired title by adverse possession to land described as Tract One, and granting
Love’s claim for a prescriptive easement to the property described as Tract Two. The
Joneses contend on appeal that the trial court’s findings of adverse possession and a
prescriptive easement were clearly erroneous.
The Joneses bought property on July 1, 1999, adjacent to Love’s property in
Morrilton, Arkansas. Love’s began operation of its business at that site on April 28, 1994.
The Joneses filed a complaint for permanent injunction against Love’s on April 28, 2005,
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CA07466
complaining that Love’s patrons were parking their tractortrailer rigs such that a part of the
rigs encroached upon a portion of the disputed property, which was owned by the Joneses.
The complaint also alleged that Love’s placed trash receptacles on the disputed property and
that its patrons continuously threw trash on the property. Love’s answered and denied the
Joneses’ claims, arguing that it gained title to the disputed property by adverse possession
and boundary by acquiescence, or alternatively, that it gained a prescriptive easement over
the disputed property.
At trial, testimony demonstrated that Love’s had operated its store in the same way
since April 1994, and that its patrons had been parking their tractortrailer rigs such that they
suspend over the eastern curb line onto the disputed property since the store’s opening in
April 1994. Love’s established that it had main