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.''
Let me up the count: smoking is STUPID STUPID STUPID STUPID STUPID!!!!
Are you going to dispute that?
And cars go by with exhaust fumes, and they live in the industrial town of Akron, Ohio, which isn't exactly filled with pristine air, anyway. And to top it all off, it's January, which, as other people have pointed out, is not exactly time to have your windows open! But you won't let facts get in the way of your anti-smoking rant, will you?
Considering the other serious logical flaws in this whacko's case, I'd like to see proof of his alleged "lung issues" before giving him a pass (not that such proof makes his case).
It's a little strange that he only "claims" he has these problems, you'd think that somewhere during the two years of harassing his neighbor he'd have had a physician attest to his medical problems. Nothing here to indicate he's done so.
I wonder why not.
This man is obviously not playing with a full deck. As I said before, I'd countersue with every last fiber in my being. Taking pictures of her? This has stalking written all over it.
LOL, good point. Not unless we want to die of frost bite.
Orbitologist indeed.
Smoke, smoke, smoke that cigarette Puff, puff, puff until you smoke yourself to death. Tell St. Peter at the Golden Gate That you hate to make him wait, But you just gotta have another cigarette.
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.''
Cranky old man alert!
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.''
Cranky old man alert!
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.''
Cranky old man alert!
Here in California, there is an underlying "allow the quiet enjoyment" principle that surrounds Common INterest Living. I was on the Board here (my wife has replaced me) and I can tell you that if someone was smoking outside in the common area and disturbing someone, I would direct that to cease. OTOH, if it was on their own balcony or patio, there is very little that can be done.
Are the driveways considered common area?
Good points. Frankly, I don't see why they would EVER need to have their windows open, healthwise. The humidity in Ohio is bad, year round. In the spring/summer, I would think they would run their airconditioner. Surely they can afford to, as they can afford to retain an attorney for this idiotic lawsuit.
That's disingenuous. Their lawyer asked for an emergency restraining order.
Why? Think it through.
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