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.
[¶ 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 federal law enforcement officers. Several other farms and homes are located near the Hales' property and the law enforcement shooting range, and County Road 12 runs adjacent to the west side of that shooting range.
[¶ 4] In an amended complaint, the Hales sued Ward County and Minot, alleging that the law enforcement shooting range was a private and a public nuisance and that the shooting range devalued their property, resulting in a governmental taking. The Hales claimed the law enforcement shooting range posed a danger to their property, to Gowan's property, to other neighbors' property, and to the general public using County Road 12. The Hales claimed this Court's decision in Gowan conclusively established their claim and sought to enjoin and to abate the use of the property as a law enforcement shooting range. Ward County and Minot answered, claiming that the law enforcement shooting range was a sports range under N.D.C.C. § 42-01-01.1 and that the shooting range was not a public or a private nuisance. The district court granted summary judgment dismissing the Hales' action.
[¶ 5] In Hale v. Ward Cnty., 2012 ND 144, ¶¶ 1, 28, 30, 818 N.W.2d 697, this Court affirmed the summary judgment in part, reversed in part, and remanded for further proceedings on the Hales' public nuisance claim. This Court discussed the differences between a private and a public nuisance and explained different evidence was relevant to the Hales' claims for a private and a public nuisance. Id. at ¶¶ 22-23, 26. This Court affirmed the summary judgment dismissing the Hales' private nuisance claim, concluding they failed to present competent evidence supporting their claim the law enforcement shooting range posed a danger to their property. Id. at ¶ 25. This Court concluded that to the extent the Hales claimed a public nuisance for injury to their neighbors' property, their failure to establish injury sufficient to sustain their private nuisance claim for danger to their property necessarily meant they could not show a special injury required to represent the entire community or neighborhood of persons harmed by the alleged public nuisance. Id. at ¶ 26. This Court concluded, however, there were disputed issues of fact about the Hales' claim that the law enforcement shooting range was a public nuisance for users of County Road 12 because of the proximity of County Road 12 to the shooting range. Id. at ¶¶ 26-28. This Court reversed the summary judgment on the Hales' public nuisance claim about use of County Road 12 and remanded for further proceedings on that claim. Id. at ¶¶ 28, 30. This Court recognized, however, that Ward County and Minot had not argued the Hales failed to meet the "specially injurious" requirement for a public nuisance claim under N.D.C.C. § 42-01-08, and neither the parties nor the district court had addressed the propriety of the Hales bringing an action to abate the law enforcement shooting range under N.D.C.C. ch. 42-02. Hale, at ¶ 26. This Court expressed no position whether the Hales' use of County Road 12 qualified them to maintain their public nuisance claim. Id.
[¶ 6] On remand, the district court concluded "private citizens can bring an action
[¶ 7] In Hale, 2012 ND 144, ¶¶ 12-13, 818 N.W.2d 697 (citations and quotation marks omitted), this Court described the well-established standard for reviewing a summary judgment:
[¶ 8] The Hales argue the district court erred in granting summary judgment on their public nuisance claim. They argue they presented sufficient evidence the alleged public nuisance was specially injurious to Robert Hale to raise a genuine issue of material fact about their right as private persons to maintain an action for a public nuisance under N.D.C.C. § 42-01-08. They argue the court erred in granting summary judgment because Robert Hale's use of County Road 12 and evidence of bullet holes in signs near the road and law enforcement shooting range raise a genuine issue of material fact about whether the range was specially injurious to the Hales.
[¶ 9] The Hales' arguments require us to again distinguish between a private and a public nuisance. See Hale, 2012 ND 144, ¶ 22, 818 N.W.2d 697. Section 42-01-01, N.D.C.C., describes acts or omissions that constitute a nuisance and applies to both a private and a public nuisance. Hale, at ¶¶ 16, 26. "A private nuisance is one which affects a single individual or a determinate number of persons in the enjoyment of some private right not common to the public." N.D.C.C. § 42-01-02. Remedies for a private nuisance are a civil action or abatement. N.D.C.C. § 42-01-03.
[¶ 11] In Hale, 2012 ND 144, ¶¶ 25, 27-28, 818 N.W.2d 697, we affirmed the dismissal of the Hales' private nuisance claim, but we concluded there were disputed issues of material fact about whether the law enforcement shooting range constituted a public nuisance. We remanded for further proceedings on the public nuisance claim, including whether the Hales, as private persons, met the specially injurious requirement to maintain a public nuisance claim under N.D.C.C. § 42-01-08 and the propriety of them bringing an action to abate the law enforcement shooting range under N.D.C.C. ch. 42-02. Hale, at ¶¶ 26-28.
[¶ 12] The remanded issue involves the Hales' right as private persons to maintain a public nuisance claim, which implicates several statutes in N.D.C.C. chs. 42-01 and 42-02 that address the right to maintain a public nuisance claim. Under those statutory provisions "[a] public nuisance may be abated by any public body or officer authorized thereto by law." N.D.C.C. § 42-01-09. Under N.D.C.C. § 42-02-01, the "attorney general, the state health officer, the state's attorney, or any citizen of the county where a nuisance exists or is maintained, may bring an action in the name of the state to abate and perpetually enjoin the nuisance." As relevant to the issue on remand, "[a] private person may maintain an action for a public nuisance if it is specially injurious to that person or that person's property, but not otherwise." N.D.C.C. § 42-01-08. Moreover, "[a]ny person may abate a public nuisance which is specially injurious to that person by removing, or, if necessary, destroying, the thing which constitutes the nuisance, but that person shall not commit a breach of the peace or do unnecessary injury while exercising this right." N.D.C.C. § 42-01-10.
[¶ 13] Statutory interpretation is a question of law, fully reviewable on appeal. State v. Martin, 2011 ND 6, ¶ 5, 793 N.W.2d 188. In interpreting statutes, the primary objective is to ascertain the intent of the legislation, and we first look to the statutory language to determine intent. Id. Words in a statute are given their plain, ordinary, and commonly understood meaning unless defined by statute or unless a contrary intention plainly appears. N.D.C.C. § 1-02-02. Statutes are construed as a whole and are harmonized to give meaning to related provisions. N.D.C.C. § 1-02-07. If the language of a statute is clear and unambiguous, the letter of the statute must not be disregarded under the pretext of pursuing its spirit. N.D.C.C. § 1-02-05. If the language of a statute is ambiguous, however, a court may resort to extrinsic aids to determine the intent of the legislation, including the object sought to be attained, the circumstances under which the legislation was enacted, and the legislative history. N.D.C.C. § 1-02-39. A statute is ambiguous if it is susceptible to different, rational meanings. Martin, at ¶ 5.
[¶ 14] When the language of N.D.C.C. §§ 42-01-08, 42-01-10, and 42-02-01 is considered together to give meaning to each provision, we conclude the statutes permit any citizen of a county where a claimed nuisance exists to bring an action in the name of the state to abate
[¶ 15] We thus consider the meaning of "specially injurious" in N.D.C.C. § 42-01-08. In Frandsen v. Mayer, 155 N.W.2d 294, 295-99 (N.D.1967), this Court discussed whether a billboard sign constituted a private or a public nuisance in the context of a trial de novo review of a trial court determination that the sign was a public and a private nuisance. This Court held the plaintiffs' conclusory evidence the sign harmed their business failed to establish the sign damaged or violated their private rights so as to constitute a private nuisance. Id. at 297-98. This Court also held because the plaintiffs presented no evidence to show the sign caused injury to themselves or their property, they could not maintain an action for a public nuisance under N.D.C.C. § 42-01-08. Frandsen, at 298.
[¶ 16] This Court's decision in Frandsen does not otherwise expound on the meaning of "specially injurious" in N.D.C.C. § 42-01-08. The source note for N.D.C.C. § 42-01-08 reflects it was derived from Cal. Civ.Code § 3493, which was enacted in California in 1872. See Cal. Civ.Code § 3493 (2012). California courts have long construed the California provision to authorize a private person to maintain an action for a public nuisance if the private person suffers harm of a kind different from that suffered by other members of the public and the injury was suffered while exercising a right common to the general public that was the subject of the interference. See, e.g., Koll-Irvine Ctr. Prop. Owners Ass'n v. County of Orange, 24 Cal.App.4th 1036, 29 Cal.Rptr.2d 664, 666-67 (1994); Venuto v. Owens-Corning Fiberglas Corp., 22 Cal.App.3d 116, 99 Cal.Rptr. 350, 355-57 (1971); Aram v. Schallenberger, 41 Cal. 449, 451 (1871). See also Annot. What Constitutes Special Injury that Entitles Private Party to Maintain Action Based on Public Nuisance — Modern Cases, 71 A.L.R.4th 13 § 2 (1989); 58 Am.Jur.2d Nuisance § 209 (2012).
[¶ 17] In Venuto, 99 Cal.Rptr. at 354-55, the California Court of Appeals said the plaintiffs pled facts sufficient to state a public nuisance claim if the action had been brought by a public body or officer, but the plaintiffs failed to plead sufficient facts entitling them, as county residents, to maintain a public nuisance claim against a defendant operating a fiberglass manufacturing plant in the county. The court aptly described California precedent for standing to maintain a public nuisance claim:
Venuto, at 355-56.
[¶ 18] The interpretation by the California courts follows well-settled law described in Comment a to Restatement of Torts (2d) § 821C (1979), which explains the right of a private person to maintain an action for a claimed public nuisance:
[¶ 19] We have said California court's interpretations of statutes from which our statutes are derived may be highly persuasive for construing our statutes. Estate of Zins, 420 N.W.2d 729, 731 (N.D.1988). We follow the well-established construction of language similar to N.D.C.C. § 42-01-08 and construe the "specially injurious" language of that statute to authorize a private person to maintain a public nuisance claim if the private person suffers harm of a kind different from that suffered by other members of the public and the injury was suffered while exercising a right common to the general public.
[¶ 20] In Hale, 2012 ND 144, ¶¶ 25-26, 818 N.W.2d 697, this Court held the Hales failed to present competent evidence supporting their private nuisance claim, and they were not entitled to maintain a public nuisance claim for injury to their property. During oral argument to this Court, counsel for the Hales conceded that no evidence was presented regarding Susan Hale's use of County Road 12 and that the district court correctly dismissed her public nuisance claim. We agree and we affirm the dismissal of Susan Hale's claim because she failed to demonstrate the shooting range was specially injurious to her in a manner different than that of other members of the public.
[¶ 21] In Hale, 2012 ND 144, ¶ 28, 818 N.W.2d 697, we said evidence of bullet holes in signs near the shooting range and County Road 12 raised factual issues about whether the shooting range posed an unlawful danger and was a public nuisance. We agree with the district court's analysis on remand that Robert Hale's use of County Road 12 once or twice a month to visit friends does not demonstrate the range was specially injurious to him in a manner different from other members of the public under N.D.C.C. § 42-01-08 so as to entitle him, as a private person, to maintain an action for a public nuisance. Under these circumstances, allowing Robert Hale to maintain this action on behalf of the State under N.D.C.C. § 42-02-01 would eviscerate the plain language of N.D.C.C. § 42-01-08. We construe those statutes together to require a private person bringing a public nuisance action to show a special injury to that person of a harm different in kind from that suffered by other members of the public.
[¶ 22] The Hales nevertheless argue the district court should have considered the risk of special injury to other third persons using County Road 12 in deciding their right to maintain an action for a public nuisance and the court erred in interpreting nuisance law to require actual injury, not a risk of injury, before an action may be brought. The issue remanded in Hale, 2012 ND 144, ¶¶ 26-28, 818 N.W.2d 697, involved a public nuisance claim, and the Hales' arguments about injury to other third persons raise issues that were decided adversely to them in their prior appeal. The Hales' argument ignores the specific nature of this Court's remand on the specially injurious issue to determine the right to maintain a public nuisance claim in the context of Robert Hale's use of County Road 12 and the evidence of bullet holes in signs near the shooting range and County Road 12. Id. at ¶¶ 27-28. To the extent the Hales raise issues that were decided adversely to them in their prior appeal, this Court's decision in that appeal controls the resolution of those issues. See Riverwood Commercial Park, L.L.C. v. Standard Oil Co., Inc.,
[¶ 23] On the record before the district court in this case, we conclude Robert Hale is not a proper private person to maintain a claim for a public nuisance for the law enforcement shooting range, and we affirm the summary judgment dismissing his public nuisance claim.
[¶ 24] The Hales also argue the district court erred in denying their request to allow joinder of additional neighbors as necessary parties to their action.
[¶ 25] The joinder of parties in an action is subject to the sound discretion of the district court. In re Estate of Murphy, 554 N.W.2d 432, 438 (N.D.1996). A district court abuses its discretion when its decision is arbitrary, unconscionable, or unreasonable, when it misinterprets or misapplies the law, or when its decision is not the product of a rational mental process leading to a reasoned determination. In re Estate of Shubert, 2013 ND 215, ¶ 27, 839 N.W.2d 811.
[¶ 26] The district court denied the Hales' motion for joinder, concluding the motion was not timely and similar issues about a public nuisance could be addressed in a pending lawsuit by Gowan against Ward County. See Hale, 2012 ND 144, ¶ 3, 818 N.W.2d 697 (discussing evidence from County Commission zoning decision involving Gowan property). On the record in this case, we conclude the court's decision was not arbitrary, unconscionable, or unreasonable, was not a misapplication of the law, and was the product of a rational mental process leading to a reasoned determination. We conclude the court did not abuse its discretion in denying the Hales' request to allow joinder of their neighbors as parties to this action.
[¶ 27] We affirm the district court summary judgment.
[¶ 28] GERALD W. VANDE WALLE, C.J., CAROL RONNING KAPSNER, DALE V. SANDSTROM, and DANIEL J. CROTHERS, JJ., concur.