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HALE v. WARD COUNTY

No. 20130348.

848 N.W.2d 245 (2014)

2014 ND 126

Robert HALE, individually and State of North Dakota ex rel., Robert Hale, and Susan Hale, Plaintiffs and Appellants v. WARD COUNTY, City of Minot, and Bea Shaw, Defendants and Appellees.

Supreme Court of North Dakota.

June 24, 2014.

Attorney(s) appearing for the Case

Lynn M. Boughey , Bismarck, N.D., for plaintiffs and appellants.

Bradley N. Wiederholt (argued) and Randall J. Bakke (on brief), Bismarck, N.D., for defendants and appellees.

McEVERS, Justice.

[¶ 1] Robert Hale, individually and on behalf of the State of North Dakota, and Susan Hale appeal from a summary judgment dismissing their public nuisance claim against Ward County and the City of Minot. We conclude the Hales, as private persons, are not entitled to maintain a claim for a public nuisance under N.D.C.C. § 42-01-08, because they did not show the alleged public nuisance is specially injurious to them. We affirm.

I...

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