Legal Opinion
Hale v. Ward County
North Dakota Supreme Court
Decided June 24, 2014No. 20130348PublishedCited by 5 opinions
1Opinion of the Court
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
[¶ 2] The Hales have a house on agricultural land about one mile southeast of a shooting range in Ward County, which is used to train local, state, and…
2Cases cited23 opinions
- Venuto v. Owens-Corning Fiberglas Corp.California Court of Appeal · 1971
- Riverwood Commercial Park, L.L.C. v. Standard Oil Co.North Dakota Supreme Court · 2007
- Frost v. City of Los AngelesCalifornia Supreme Court · 1919
- Fisher v. ZumwaltCalifornia Supreme Court · 1900
- Estate of Zins Ex Rel. Kelsch v. ZinsNorth Dakota Supreme Court · 1988
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3Cited by5 opinions
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- Woody v. Pembina County Annual Fair and Exhibition AssociationNorth Dakota Supreme Court · 2016
- Northern States Power v. MikkelsonNorth Dakota Supreme Court · 2020