American Gamebird Research Education & Development Foundation, Inc. v. Burton

| tThe appellant American Gamebird Research Education and- Development Foundation, Inc. (AGRED), appeals the Lafayette County Circuit Court order granting summary judgment to Thomas and Cindy Burton, dismissing AGRED’s trespass claims and granting the Burtons’ request for a declaratory judgment that they possessed a> perpetual, -nonexclusive easement to maintain a dock over and across AGRED’s property and into Lake Erling. We reverse because the trial court improperly considered documents not authorized under Rule 56 of the Arkansas Rules of Civil Procedure. .

I. Facts .and Procedural History

Th…