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.''
There are several, some of which have been posted here.
I feel sorry for this jack@ss Zangredo because I've worked with many patients who have breathing problems, and there's nothing worse than having to fight for air, but this guy needs to address his hypersensitivity to smoke(and oddly no sensitivity to pet dander) on his own. It's his problem, he should either move to the Arctic Circle or a non-smoking building.
One neighbor on the other side smokes on her deck and I can smell it. Her husband works on his car in the garage and listens to ball games on the radio. All that clanking and cheering is bothersome. The neighbors down the block have a kid who plays that boom-boom music all day. That gives me a headache.
I figure I have three options: I could do like many people these days and contact my lawyer, or shut up and endure it, or I could move. Since nobody forced me to move here, I choose to be a grown-up and endure it.
Bottom line: I think you are right on the money.
If you read the article, you'd see the following:
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.
What appears to be happening here is that he cannot escape her fumes. I think we've both walked by enough outdoor smoking areas to know that her smoke and smells do get into his house, and that the smoke and smells are probably very strong at times.
IMHO she's being a "considerate smoker" only in terms of the guy she's renting from -- he says he doesn't want the place to smell like cigarettes. So she goes outside, and now her fumes get into this guys house, and apparently exacerbate his lung problems.
This particular case is not really the same as the "smoking in restaurants" thing. Here we have a guy on his OWN private property, who cannot escape the fumes from the renter next door. There are some who are willing to impose further costs on him ("he should move"), but nobody seems to recognize that the stupid habit of nice lady next door is imposing actual costs on him.
Was it inconvenient? Yep, but when I made the choice to live in a close in community, I took the good (LOWER PRICES)with the bad (ABILITY TO CONTROL ONLY A SMALL AREA). I now live in a larger, single family home. We don't have these types of problems any more, because we paid for a larger lot.
Everything is a trade off
I read these threads for the same reason.
: )
Now, when you give up your vehicle, or stop riding the bus or plane or whatever you do to contribute to my lung damage, then we'll talk. Fair enough, sugah?
I smoke in my own home (live alone) other wise my behavior in public is the same as yours.
Is he aware how much animal protein he's inhaling, being cooped up with three animals? Not trying to be flip, but it doesn't appear to me that he's doing everything he can do to make it easier for him to breathe. And I love animals . . . So I hate saying this, and only do so to point out his own neglect in this case.
Additionally, you have to wonder if, perhaps, his emphysema is a result of his own smoking years ago. The article doesn't say. I mean, is his emphysema her fault or his fault?
The guy should move, imo. I would if I were in his shoes. In a second flat. And he can afford to do it, being a retired professor. Why in the world would an emphysema sufferer choose to live in condo slums, where people are necessarily crowded together and are bound to produce lots of airborne particulate matter that someone with emphysema will have difficulty tolerating?
Let us be quite clear: your "free market solution" is to demand that the guy bear the costs for the activities of his neighbor. That is extortion, not the free market.
Utter nonsense. You embarrass yourself with this tripe.
MY BBQ is going all the time and wafts to the street, thankfully when my neighbors walk by they dont gripe...they say MMMmmmmmm
Suppose the guy's health really is affected by her car idling in her driveway?
I recommend suicide for the complainant. If I lived within 25 miles of there, I'd go over and enjoy a couple of nice cigars in the neighborhood.
ML/NJ
It is a real pain in the butt to me. It clogs my filters and interferes with the pool sweep.
Think I should sue?
His pets probably don't have deep pockets.
wife and lawyer
aha!
It's January, in Ohio. The temperature is between 4 and 21 today, not to exceed 37 degrees all this coming week. So why is this frail, elderly couple keeping their doors and windows wide open to the cold and - purportedly - this deadly tobacco smoke (BTW, Akron has average temps of 17 to 60 from October through April)?
And are we to believe their lawyer, who calls this "an emergency"? Is he seriously going to assert that this couple keeps the windows open in January and February?
It's fairly obvious that this is not a health matter. It's the mental fabrication of this kook couple and their lying lawyer.
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