Posted on 01/24/2004 9:17:05 AM PST by mylife
Couple demands halt to neighbor's smoking Restraining order sought over nuisance to health By Phil Trexler Beacon Journal staff writer
Robert Zangrando has had it up to his chest, nose and eyes with his neighbor's smoking and he's taking her to court to get her to quit.
Zangrando, a retired University of Akron history professor who lives in Stow, was in Summit County court Thursday with his wife and lawyer.
Together they are seeking a restraining order against his next-door neighbor, Nicole Kuder, 28, that would prohibit her from smoking outdoors within 30 feet of her condominium.
Zangrando, 71, and his wife, UA instructor Lisa A. Pace, contend the smoking affects their health and has become a nuisance.
Before the hearing, Kuder said, ``I have tried to accommodate them, and this is the result.''
The couple's attorney, Ed Gilbert, called the situation an emergency and wanted Common Pleas Judge Marvin Shapiro to rule immediately on the restraining order request. Shapiro declined because Kuder came to court without an attorney.
Akron attorney Tom Adgate was retained by Kuder just before the hearing and was unable to attend. Shapiro delayed ruling until the hearing resumes Tuesday with Kuder and her attorney.
Kuder and Zangrando have been neighbors in a condominium complex on Higby Drive for about two years. Their two-story units are separated only by a shared wall. They share a front porch, and a wooden fence separates their back doors.
Zangrando said his neighbor's cigarette smoking is apparent whenever he opens a window or steps outside his home. He said the fumes compromise his health, causing him to wheeze and cough.
He said he suffers from lung problems, including emphysema, and has had asthma in the past. He said the smoking is such that he is reluctant to let his dog or two cats outside.
``It hits you right away, the minute you walk out the door. It catches me, I start coughing, I know she's smoking, I can see she's smoking visually, and I can get the effects of the smoke when I inhale what should be fresh air in my own back patio,'' Zangrando told the judge.
Kuder rents the condo she and her family live in and is not permitted to smoke inside the unit. Zangrando and Pace have owned their unit since marrying in 1996.
``It's a constant reality. She's out there smoking, and I have been appealing to her since she first moved: Please, if you're going smoke, would you move away from the house because the fumes come in our house, and we no longer have discretionary use of our house,'' Zangrando told the judge.
He said he has tried for more than a year to convince Kuder to smoke elsewhere, to no avail. He said he tried to reach an agreement in October, but Kuder and her husband, who does not smoke, refused to sign.
Kuder said Zangrando wanted her to walk to a nearby parking lot to smoke. She said he snoops on her, photographs her movements and has yelled at her to ``go, kill my family'' with her cigarettes.
``I tried to be nice and go out back and compromise, but they constantly harass us,'' Kuder said outside court. ``There have been times when I've had friends over, and he comes out screaming at us. It bothers me, but at the same time, I try to be a respectful smoker.''
How does he know it is not the fumes from Akron, OH?!?!
Yes, it is. Smokers seem to have this insane need to assert that it is their right to bother other people with their fumes. And in this particular case, the smoker seems to think that her right to smoke is more important that the (apparently real) harm it causes the neighbor.
Sorry, I just can't work up any sympathy for a group of folks who insists on doing stupid things to their own bodies, and in so doing makes things unpleasant for the rest of us, too.
This is beyond anal retentive super senstive Leftist whining. Zangrado is a control freak, and out of control.
The old saying ...be careful of what you wish... for could also apply--are these strident anti-smokers willing to pay the higher taxes needed to make up for all the tobacco taxes currently collected when smoking is essentially banned?
Suppose the guy's health really is affected by her smoking -- which is entirely likely. What's your answer then?
Where does this end? How far do your property rights extend beyond your property?
LOL! The lady stinks, and her stink gets into his house, and it appears to have an actual effect on his breathing.
Smoking is smelly and stupid. I see no reason to be solicitous of a lady who won't even respect her neighbor's health.
But it sure is fun watching you folks foam at the mouth defending something smelly and stupid.
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