Exports, Inc., et al. v. Black Hills Power, Inc., No. 07-5017-RHB, 2009 U.S. Dist. LEXIS 73993 (D. S.D. Aug. 20, 2009)

(plaintiff, owner and operator of casinos, restaurants, hotels and other retail establishments in Deadwood, SD, was financially impacted by wildfire which resulted in state declaration of city closure and evacuation; defendant is provider of electric energy through transmission lines via easements for such lines; plaintiff sued defendant for creation of public nuisance which was the direct and proximate cause of plaintiff's damages (food spoilage and physical damage to property) and defendant moved for summary judgment; defendant's motion denied).