The Arkansas Supreme Court dismissed without prejudice an appeal by Eureka Gun and Pawn, LLC and its president Keeling Grubb against the City of Eureka Springs on Jan. 15, 2026, ruling the case lacked a final appealable order.

The dispute centered on Grubb's attempt to obtain a conditional-use permit to operate his sporting goods store as a gun and pawn shop in Eureka Springs, Arkansas. Grubb submitted the permit application on behalf of Eureka Gun on May 8, 2023.

The Carroll County Circuit Court granted a directed verdict motion filed by the City of Eureka Springs through orders dated May 16 and May 31, 2024. However, the Arkansas Supreme Court determined these orders did not constitute a final judgment necessary for appellate review.

In their appeal, the gun shop owners raised five substantive arguments challenging the circuit court's handling of their case. They contended the circuit court erred by deferring to the Eureka Springs City Council's decision rather than conducting an independent review of the permit application.

The appellants argued the circuit court should have applied a de novo standard of review when examining the city's denial of their conditional-use permit. They also raised constitutional challenges and statutory interpretation issues regarding the permit process.

The Arkansas Supreme Court's dismissal without prejudice means the appellants can refile their appeal once the circuit court issues a final judgment in the case. This procedural dismissal does not address the merits of the underlying dispute over the conditional-use permit denial.