City of Omaha v. Danner

The district court found that use of the land and building located at 2602 O Street, Omaha, constituted a public nuisance. It authorized plaintiff City of Omaha to padlock the building for 6 months, enjoining defendants from using the property during the period. It permanently enjoined (1) Artice Danner from using the property for business purposes and (2) other defendants from using the property as long as Danner used it under a tenancy. Danner appeals. He contends: (1) Plaintiff is not a proper party in equity to abate a public nuisance without special damage; (2) there was nonjoinder of an…