78B-6a-203. Private right of action for a public nuisance.
(1) Except as otherwise provided by this section and Part 4, Defenses to Nuisance Actions, a private party has a right of action for a public nuisance against a person if: the person: engages in an activity that directly causes the public nuisance and the public nuisance is a reasonably foreseeable result of the person's activity; controls or instructs at least one other person to engage in an activity that directly causes the public nuisance and the public nuisance is a reasonably foreseeable result of the other person's activity; or is the successive owner of property and neglects to abate a continuing public nuisance upon, or in the use of the property, that was created by a former owner; not for the person's conduct under Subsection: (1)(a) the public nuisance would not exist; or the private party's expenditures to abate or address the public nuisance would decrease by at least 25%; and the private party can establish, by clear and convincing evidence, that the private party has suffered special injury.
(2) A private party that brings a public nuisance action under Subsectionshall plead each element of the public nuisance action: (1) by verified complaint, counterclaim, or third party complaint; and with particularity under the same standard required by Utah Rules of Civil Procedure, Rule 9.
(3) If a private party brings an action for a public nuisance, the court may only award compensatory damages for the special injury that may not be otherwise reimbursed, or have been reimbursed, by a government entity.
(4) The abatement of a public nuisance by a government entity as described in Sectiondoes not preclude a right of action under this section. 78B-6a-204
(5) A class action may not be brought under this section for special injuries arising out of a public nuisance.