Private owner may not sue for public nuisance without proof of special injury

The North Dakota Supreme Court affirmed the traditional rule (rejected now by some courts) that a private owner cannot sue for a public nuisance unless the owner can show special damage to the owner’s property that is different in scope or character to that suffered by the general public. Hale v. Ward County, 848 N.W.23 245 (N.D. 2014).