Banks v. Town of Burnsville

The plaintiffs allege they are citizens, and residents of Burnsville Township, Yancey County, North Carolina. However, they do not allege that they own land abutting upon or contiguous to Pine Swamp Branch. Moreover, they do not allege that by reason of the emptying of untreated sewage into Pine Swamp Branch by the defendant, they are suffering some peculiar or special injury to their personal and property rights not suffered by the public generally. Instead of alleging special damages to their respective properties as a result of the conduct of the Town of Burnsville in emptying untreated…