As an attorney, I would think that you would be aware that whether or not the retired professor has legal recourse has yet to be determined by the court.
The court shouldn't have let the case be heard.. Smoking is allowed on the condos common grounds.
The court may find in favor of the plaintiff, the defendant, or (probably less likely) simply dismiss the case on either legal or jusisdictional grounds. Laws regarding smoking and so called 'smokers rights' are in a state of change. Hopefully, the losing party will take it through the appellate process and get a valid legal precedent, no matter who wins.
You are encouraging a scofflaw, [the nutty professor] and his slimball legal advocate to harrass an innocent neighbor through our totally corrupted 'legal' system..
For shame. -- This is not conservatism.
My reply to 'etb' at # 198:
"-- Their two-story units are separated only by a shared wall. They share a front porch, and a wooden fence separates their back doors. Here we have a guy on his OWN private property, who cannot escape the fumes from the renter next door."
64 -r9etb-
Only the interior of his condo is the guys "OWN private property".. -- Under the associatons rules, the rest of the surrounding condo property is owned in common.
Apparently the associations rules allow smoking in/about the complex.. -- Thus the nutty professor has no legal leg to stand on.. He bought into the condo fully aware that his neighbors could smoke him out..
Case closed..
I hate to say it tpaine (since I agree with you on many issues), but you sound like a lunatic nutcase here. The case is closed when the courts say it is. The court system is set up under guidelines and laws established by the various constitutions and the precedents of the higher courts in each jurisdiction, and the applicable legislation and regulation of the governments in each jurisdiction. You have no say in the matter at all. You simply don't count.
BTW, I am an ex smoker but have always favored 'smokers rights' and the rights of private property owners to dedide on smoking in their establishments since it is a legal activity. The constant absolute boorish self centered in your face 'screw you' attitude I see expressed by so many FReepers, and smokers in general, has changed this. I am now leaning toward outlawing smoking in any public place; at least I no longer activily oppose such legislation.