Actions by private citizens require special injury.

- Private citizen specially damaged by a public nuisance may proceed in the citizen's own name and behalf to have the nuisance abated under former Civil Code 1895, §§ 4761 and 4766 (see now O.C.G.A. §§ 41-2-2 and41-2-3). Savannah, F. & W. Ry. v. Gill, 118 Ga. 737, 45 S.E. 623 (1903); Trust Co. v. Ray, 125 Ga. 485, 54 S.E. 145 (1906).

Private citizens cannot generally interfere to have a public nuisance enjoined. Sammons v. Sturgis, 145 Ga. 663, 89 S.E. 774 (1916).

Generally, a public nuisance gives to any individual no right of action for injunction, but the nuisance must be abated by a process instituted in the name of the state. Albany Theater, Inc. v. Short, 171 Ga. 57, 154 S.E. 895 (1930).

If operation of a picture show on the Sabbath amounts to a public nuisance, such nuisance may be abated in the manner provided by law, or the nuisance may be enjoined upon an information filed by the solicitor general (now district attorney), but an injunction will not be granted at the instance of a private citizen unless one has sustained special injury. American Legion v. Miller, 183 Ga. 754, 189 S.E. 837 (1937); Crane v. Mays, 70 Ga. App. 66, 27 S.E.2d 347 (1943).

All injury to health is special, and necessarily limited in its effect to the individual affected, and is, in its nature, irreparable. It matters not that others within the sphere of the operation of the nuisance, whether public or private, may be affected likewise. Hunnicutt v. Eaton, 184 Ga. 485, 191 S.E. 919 (1937).

While generally a private citizen may not have a public nuisance enjoined, such nuisance may be abated on the application of a citizen specially injured. Harbuck v. Richland Box Co., 204 Ga. 352, 49 S.E.2d 883 (1948).

Allegations of petition in which petitioners sought equitable relief "as individuals, citizens, and taxpayers" from the closing of a railroad crossing were insufficient to show special damage to petitioners, or any damage not shared equally by all other "individuals, citizens, and taxpayers," and the petition was therefore insufficient for the grant of any relief to the petitioners as individuals, citizens, and taxpayers. State Hwy. Dep't v. Reed, 211 Ga. 197, 84 S.E.2d 561 (1954).

Cited in Coast Line R.R. v. Cohen, 50 Ga. 451 (1873); Ison v. Manley, 76 Ga. 804 (1886); Western & A.R.R. v. City of Atlanta, 113 Ga. 537, 38 S.E. 996, 54 L.R.A. 294 (1901); Peginis v. City of Atlanta, 132 Ga. 302, 63 S.E. 857, 35 L.R.A. (n.s.) 716 (1909); Aiken v. Armistead, 186 Ga. 368, 198 S.E. 237 (1938); Poole v. Arnold, 187 Ga. 734, 2 S.E.2d 83 (1939); Nichols v. Pirkle, 202 Ga. 372, 43 S.E.2d 306 (1947); Kilgore v. Paschall, 202 Ga. 416, 43 S.E.2d 520 (1947); De Long v. Kent, 85 Ga. App. 360, 69 S.E.2d 649 (1952); Malcom v. Webb, 211 Ga. 449, 86 S.E.2d 489 (1955); City of Dublin v. Hobbs, 218 Ga. 108, 126 S.E.2d 655 (1962); Burgess v. Johnson, 223 Ga. 427, 156 S.E.2d 78 (1967); Ungar v. Mayor of Savannah, 224 Ga. 613, 163 S.E.2d 814 (1968); J.D. Jewell, Inc. v. State ex rel. Hancock, 227 Ga. 336, 180 S.E.2d 704 (1971); Sanders v. McAuliffe, 364 F. Supp. 654 (N.D. Ga. 1973); Brock v. Hall County, 239 Ga. 160, 236 S.E.2d 90 (1977); Stephens v. Tate, 147 Ga. App. 366, 249 S.E.2d 92 (1978); Brand v. Wilson, 252 Ga. 416, 314 S.E.2d 192 (1984); Upper Chattahoochee Riverkeeper Fund, Inc. v. City of Atlanta, 986 F. Supp. 1406 (N.D. Ga. 1997).

Acting on information of citizens.

- Lewd house being per se a public nuisance, a court of equity has jurisdiction to abate the nuisance on a suit brought by the district attorney on the information of a citizen as a relator, without alleging or proving special injury to property. Edison v. Ramsey, 146 Ga. 767, 92 S.E. 513 (1917).

District attorney is not authorized to act on the information of citizens, except in case of a public nuisance. Southeastern Pipe Line Co. v. Garrett ex rel. Le Sueur, 192 Ga. 817, 16 S.E.2d 753 (1941).

In order for a solicitor general (now district attorney) to proceed for the public, on information filed with the solicitor by citizens, to enjoin a nuisance, the object which it is sought to enjoin must be a public nuisance. Southeastern Pipe Line Co. v. Garrett ex rel. Le Sueur, 192 Ga. 817, 16 S.E.2d 753 (1941).

Complaint must name citizen furnishing information.

- Court of equity will not entertain a bill in the name of one or more private citizens to restrain a public nuisance, no private injury or threatened injury being alleged to such citizens or to their property. In such a case, the nuisance being a purely public one, can only be restrained by the public, on information filed by a public officer, to wit: by the solicitor general (now district attorney) for the Circuit. This holding is declaratory of the common-law rule which is universally adopted and quite uniform. Mayor of Columbus v. Jaques, 30 Ga. 506 (1860).

Complaint in equity filed by the district attorney to abate a public nuisance must name the citizen or citizens upon whose information the complaint is based. Chancey v. Hancock, 233 Ga. 734, 213 S.E.2d 633 (1975).

Authority not repealed by Air Quality Control Act.

- Authority granted to district attorneys to abate public nuisances relating to air pollution was not repealed to any extent by the former Georgia Air Quality Control Act. J.D. Jewell, Inc. v. Hancock, 226 Ga. 480, 175 S.E.2d 847 (1970).

Jurisdiction by court of equity to grant injunction.

- Court of equity has jurisdiction, and in a proper case may by injunction restrain a public nuisance upon information filed by the solicitor general (now district attorney). Gullatt v. State ex rel. Collins, 169 Ga. 538, 150 S.E. 825 (1929).

Court of equity has jurisdiction and in a proper case will, by injunction, restrain a public nuisance. Albany Theater, Inc. v. Short, 171 Ga. 57, 154 S.E. 895 (1930).

Equity, generally, will not interfere with the administration of the criminal law. The state, however, has an interest in the welfare, peace, and good order of the state's citizens and communities and has provided in the state's laws for the abatement of nuisances when the public generally is injured. Albany Theater, Inc. v. Short, 171 Ga. 57, 154 S.E. 895 (1930).

By clear and necessary implication, an injunction will lie in the name of the state to enjoin a public nuisance. Albany Theater, Inc. v. Short, 171 Ga. 57, 154 S.E. 895 (1930).

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, §§ 212, 217, 218, 225, 226, 377, 379, 381.

C.J.S.

- 43 C.J.S., Injunctions, § 26. 66 C.J.S., Nuisances, §§ 109 et seq., 118-120, 192 et seq.

ALR.

- Injunction to prevent establishment or maintenance of garbage or sewage disposal plant, 5 A.L.R. 920; 47 A.L.R. 1154.

Special injury to property interest as condition of right to enjoin diversion of dedicated property, 41 A.L.R. 1410.

Animal rendering or bone-boiling plant or business as nuisance, 17 A.L.R.2d 1269.

Public dances or dance halls as nuisances, 44 A.L.R.2d 1381.

Statutes, ordinances, or regulations relating to private residential swimming pools, 92 A.L.R.2d 1283.

Saloons or taverns as nuisance, 5 A.L.R.3d 989.

Water distributor's liability for injuries due to condition of service lines, meters, and the like, which serve individual consumer, 20 A.L.R.3d 1363.

Liability in connection with fire or explosion of explosives while being stored or transported, 35 A.L.R.3d 1177.

Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.

Public swimming pool as nuisance, 49 A.L.R.3d 652.

Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.

Exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969.

Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency, 60 A.L.R.3d 665.

Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.

Existence of, and relief from, nuisance created by operation of air conditioning or ventilating equipment, 79 A.L.R.3d 320.

Carwash as nuisance, 4 A.L.R.4th 1308.