As used in this part:
(1) "Private party" means a person that is not a government entity.
(2)
(a) "Special injury" means an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same public right.
(b) "Special injury" does not include:
(i) an injury that is based upon impairment of the spiritual, cultural, or emotional significance associated with a navigable lake, river, bay, stream, canal, or basin or a public park, square, street, road, or highway; or
(ii) a financial expenditure made by a person in responding, including seeking an injunction in response, to a public nuisance.