Couple sues: Neighbors smoke outdoors

[robby3333]

EL DORADO HILLS, 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

[robby3333]

Lady next door to me has 3 teens, she comes out in to smoke in her backyard come rain or shine,even in the snow. Now does this open the door for me to sue her since I dont smoke. Poeple don't have better thing to do then waste the courts time and Taxpayers money.!

[Keno]

Rite On Robby
This a big joke -- I use to smoke - my choice
any that smokes their choice
Now this story got to be more to it & they must be one heck of a big cigar & cigs to "fog" up the next doors yard

[samson]

Can anyone say----frivolous ? The judge otta take the case & throw the book at the couple doing the suing---make them pay for all legal fees and fine them for wasting the court`s time. Then--double the fine & force them to "donate" that amount & give it to charity seeing they have so much money they can waste it in this fashion.

[greenweed]

no worse then what comes out of a cars tail pipe!!

[renegade9999]

Well it is in america.
We canadians would never allow this kind of crap in our courts.
However it seems that in america you can be sued by anyone at any time for any reason they think of.
Imagine you sneeze and someone 5 states away takes you to court claiming you made then sick because one day you sneezed.

I am not one to bash anyone but america itself is stupid for allowing these bs/petty/time wasting cases to even be considered.