Couple sues: Neighbors smoke outdoors
Published by admin on November 2, 2009
EL DORADO HILLS, Calif -
A California couple has filed a lawsuit seeking relief from their next-door neighbor’s second-hand cigarette smoke, their attorney said.
Donna and Richard Ganguet of El Dorado Hills, Calif., who live in gated community for people age 55 and older, said cigar and cigarette smoke wafts into their yard from the property of neighbor Florence Solone, The Sacramento Bee reported Saturday.
David Trapani, a lawyer for the couple, said they wanted to resolve the issue without confrontation but they were unable to contact the neighbor by telephone and letter.
“They have a right to smoke, but that right ends when it impacts someone else’s property, Trapani said.
Steve Solone, Florence Solone’s son, said he, his sister and brother-in-law live with his mother and they smoke outdoors.
“My mother doesn’t allow smoking in the house,” he said.
He said didn’t know the smoke was a problem until his mother learned of the lawsuit, which was filed Oct. 1.
A lawyer for the Solones said they want to live peacefully with their neighbors but he said the letters the Ganguets wrote were intimidating because they threatened a lawsuit.
The Ganguets said they considered selling their house and moving rather than filing a lawsuit, but they believe the neighbor’s smoke, which they said settles like a fog in their yard, would make a sale difficult.
( source: UPI )
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