Hopi Tribe, Plaintiff/appellant v. Arizona Snowbowl Resort Limited Partnership, Defendants/appellees.

Summary

The court held that a private plaintiff cannot establish the special injury required for an Arizona public nuisance claim merely by alleging environmental damage to public land having religious, cultural, or emotional significance. Because the Tribe alleged no property or pecuniary interest and its claimed injury was different only in degree, not kind, from the public's injury, the complaint failed as a matter of law. The court affirmed the trial court's judgment, vacated the court of appeals' decision, and remanded for reconsideration of attorney fees. No separate opinions were provided in the record supplied.