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Couple sues neighbor over cigarette smoke in their yard
Sacramento Bee ^ | 11/1/09 | Cathy Locke

Posted on 11/01/2009 7:45:55 PM PST by Bokababe

....They say residents and visitors at Solone's home smoke in the backyard at all hours of the day and night. Several people puffing away at once has resulted in smoke settling in their backyard like a low fog, Richard Ganguet said....

(Excerpt) Read more at sacbee.com ...


TOPICS: Culture/Society; Extended News; News/Current Events; US: California
KEYWORDS: cigarettes; nazis; pufflist; smoking
Check out the size of the neighbor's yard in the photo on the website and realize that smoke rises.
1 posted on 11/01/2009 7:45:56 PM PST by Bokababe
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To: Bokababe

....this is the state about to legalize pot??????????????


2 posted on 11/01/2009 7:48:56 PM PST by Tzimisce (No thanks. We have enough government already. - The Tick)
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To: Bokababe

This state gets “smoke” from everywhere


3 posted on 11/01/2009 7:52:04 PM PST by greatdefender (If You Want Peace.....Prepare For War)
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To: Bokababe

Untreated mental illness.


4 posted on 11/01/2009 7:53:37 PM PST by facedown (Armed in the Heartland)
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To: Bokababe
"They say the neighbor's tobacco smoke settles in their backyard and seeps in through their windows."

Perhaps they can apply for some of that stimulus money to "weatherize" those windows.

5 posted on 11/01/2009 7:57:58 PM PST by Roccus (My anger is manufactured.......................................in the WHITE HOUSE and CONGRESS!!)
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To: Bokababe

I blame chemtrails.


6 posted on 11/01/2009 7:59:01 PM PST by ClearCase_guy (Play the Race Card -- lose the game.)
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To: Bokababe

If tobacco smoke was as unobtrusive as the smokers maintain, they would not have to go outside to smoke. Smoke in the house, problem solved.


7 posted on 11/01/2009 8:03:49 PM PST by RGSpincich
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To: Bokababe
Could be the complainants want force a sale in a depressed market so they can pick up the neighbors house cheap.

Wouldn't be the first time someone in California used the courts to steal.

8 posted on 11/01/2009 8:04:25 PM PST by muawiyah (Git Out The Way)
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To: Bokababe

It can’t possibly be that bad, they are looking for a fight!


9 posted on 11/01/2009 8:05:04 PM PST by SWAMPSNIPER (THE SECOND AMENDMENT, A MATTER OF FACT, NOT A MATTER OF OPINION)
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To: Bokababe

Your nanny state hard at work!


10 posted on 11/01/2009 8:08:06 PM PST by UAConservative (The Working Families Party lost their ACORN: Dede Scozzafava)
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To: facedown

“Untreated mental illness.”

You are kind. I think they are connivers and liars, but that is me. I wouldn’t be shocked to see a law to ban backyard smoke in their village.


11 posted on 11/01/2009 8:10:42 PM PST by healy61
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To: Bokababe

I suppose neighborhood tracts will have to be divided and sold as smoking and nonsmoking units with a greenbelt between the two sections.


12 posted on 11/01/2009 8:16:53 PM PST by texteacher
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To: Bokababe
From the article:

Because of the smoke, the couple say, they no longer sit on their patio. They also try to sandwich in swims in the side-yard lap pool between their neighbors' smoking sessions.

The smell of clorine from outdoor swimming pools can be quite irritating, if not harmful...just sayin....

13 posted on 11/01/2009 8:17:38 PM PST by TaxPayer2000 (The United States shall guarantee to every state in this union a republican form of government,)
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To: Bokababe

Doesn't appear to be foggy.

14 posted on 11/01/2009 8:18:06 PM PST by smokingfrog (No man's life, liberty or property is safe while the legislature is in session. I AM JIM THOMPSON)
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To: smokingfrog

When I was a kid, we lived in the apartment above Tosh Togo, the wrestler that played Oddjob in the Bond movie. The smell of his cheap cigar smoke rose up into my bedroom every night. It was disgusting. Nobody cared. I demand reparations!!!


15 posted on 11/01/2009 8:25:11 PM PST by Island Girl
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To: Bokababe

I’d make sure I had a large manure pile in my yard so that they wouldn’t notice the smoke.


16 posted on 11/01/2009 8:26:41 PM PST by Kozak (USA 7/4/1776 to 1/20/2009 Reqiescat in Pace)
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To: RGSpincich
If tobacco smoke was as unobtrusive as the smokers maintain, they would not have to go outside to smoke. Smoke in the house, problem solved.

If people would stop believing the crapola of your first sentence, the second sentence would not be a problem.

17 posted on 11/01/2009 8:26:49 PM PST by Gabz (Democrats for Voldemort.)
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To: Bokababe
I'm telling you...

The day will come when your Hindu neighbor sues over the smell of your grilled steaks, or your Islamic neighbor sues over the smell of your grilled pork.

-PJ

18 posted on 11/01/2009 8:28:39 PM PST by Political Junkie Too (Comprehensive congressional reform legislation only yields incomprehensible bills that nobody reads.)
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To: smokingfrog
Swimming pool? Oh, no,no,no, absolutely no. They obviously emit chlorine in a gas form.

Chlorine gas is a pulmonary irritant with intermediate water solubility that causes acute damage in the upper and lower respiratory tract. Chlorine gas was first used as a chemical weapon at Ypres, France, in 1915. Of the 70,552 American soldiers poisoned with various gases in World War I, 1843 were exposed to chlorine gas.

Swimming pool must go. Wastes FAR too much water that could be used to save minnows. And it emits POISON gas.

It’s for the children,

If we can only save one it’s worth it,

It’s for your safety,

Etc, etc.

19 posted on 11/01/2009 8:29:36 PM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: All

George Carlin - Saving the Planet

http://www.youtube.com/watch?v=eScDfYzMEEw


20 posted on 11/01/2009 8:37:07 PM PST by sheikdetailfeather (Let's ROLL!!)
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To: Tzimisce
....this is the state about to legalize pot??????????????

You got a problem w/ that?????????????

21 posted on 11/01/2009 8:39:08 PM PST by ChrisInAR (The Tenth Amendment is still the Supreme Law of the Land, folks -- start enforcing it for a CHANGE!)
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To: Gabz

Exactly. But even those who do believe that second hand smoke is harmless don’t like what the smoke does to the interior of a home. They’d rather let their smoke drift through the neighborhood. I don’t mind. I like some of it especially cigars, I quit 37 years ago but a little whiff now and then never hurt anybody.


22 posted on 11/01/2009 8:52:50 PM PST by RGSpincich
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To: Island Girl

I lived above Indians who used curry in every breakfast, lunch, dinner and midnight snack they ever cooked. Made me sick to my stomach. In California, too. I should have sued them back to Bombay.


23 posted on 11/01/2009 9:00:39 PM PST by WhistlingPastTheGraveyard (Some men just want to watch the world burn.)
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To: Bokababe
I live in a densely populated urban neighborhood of 50 X 150 lots. This doesn't stop a bunch of the idiot neighbors having wood burning out door fireplaces. They stink up the whole neighborhood and in the summer if you open up your windows the entire house smells like a camp fire.

Do you think I could sue all my neighbors who do this on a regular basis?

24 posted on 11/01/2009 9:05:55 PM PST by Jim from C-Town (The government is rarely benevolent, often malevolent and never benign!)
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To: Jim from C-Town

IIRC, they regulate when and if you can have a fire in your fireplace in parts of Cali...


25 posted on 11/01/2009 9:08:40 PM PST by ltc8k6
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To: Jim from C-Town
the entire house smells like a camp fire.

ooh--i would like that! that aside, we live in a neighborhood out in the country where each lot is 1.5-2.0 acres... our homes are not right next to each other, but on some nights, i smell someone's cigarette smoke... i wouldn't think to sue our neighbor over that... and i would not want to be sued over my outdoor fireplace...

26 posted on 11/01/2009 9:10:47 PM PST by latina4dubya ( self-proclaimed tequila snob)
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To: Bokababe

The wife and I were once vacationing at Yosemite, and staying in a nice hotel nearby. Our room had an outside patio and common yard space with the other units on that side of the hotel.

Well, we don’t smoke indoors around the kids, so we’d take our smoke breaks outside in a lounge chair, and enjoy the scenery.

One day, I’m having a smoke, and a woman who was staying in the room next door to us burst out from behind a little dividing wall and started screaming at the top of her lungs about “second hand smoke!”, and how it was “injuring!” her and her family.

Now, this woman didn’t calmly approach me, and ask me if there was any way that I could curtail the smoking, or maybe take it somewhere else on the grounds. She apparently just went into a psychotic break and ran out of her room screaming like a lunatic.

Weirdest thing I ever saw, but typical of brainwashed California liberals.


27 posted on 11/01/2009 9:12:44 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: latina4dubya

http://www.citywatchla.com/content/view/1076/


28 posted on 11/01/2009 9:14:25 PM PST by ltc8k6
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To: Bokababe
"Several people puffing away at once has resulted in smoke settling in their backyard like a low fog..."

Sure it is. "Settling like a low fog", my ass. They need to get it on film, or shut the hell up. Liars.

The basis of their complaint, that second-hand smoke kills, is as bogus as the theory of Global Warming, and was hatched from the minds of the same eco-freak, communist radicals.

29 posted on 11/01/2009 9:18:02 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: WhistlingPastTheGraveyard
I lived above Indians who used curry in every breakfast, lunch, dinner and midnight snack they ever cooked. Made me sick to my stomach. In California, too. I should have sued them back to Bombay.

I feel your pain. Some Indian families use intense sulphurous spices and fry them at high heat at every meal. After a few months even repainting doesn't eliminate the smell.

I love and cook Indian food, but I had neighbors whose cooking was too much for me, too.

30 posted on 11/01/2009 10:08:46 PM PST by SupplySider
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To: Bokababe

My Rant:

I am so sick of these self righteous anti-tobacco fanatics. As if people not smoking were going to make the world a better place. Smoking is bad for you (most people get that). If they don’t like the smoke then they should get a damn fan to redirect the smoke in a direction more to their liking. These people definitely need more fiber and water in their diet because they are vibrationally constipated.

We are constantly exposed to various forms of pollutants in the air we breath, in the food we eat, and in the water we drink. Humans are born. Humans get old. Humans die. People that want the world to adapt to them have it backwards. You adapt to your environment not the other way around.

The misguided notion that we are are brothers keepers may be at play here. There is an all out assault on every last freedom that we have and I am not talking about smoking. I have been in countries where people live in fear and cannot freely express themselves without risking death or harm to their families. Americans took their freedoms for granted. Now they are being dismantled brick by brick. Many Americans became like the poor schmuck that sold a Picasso at a garage sale for 10 bucks because they didn’t know what they had was of any value.


31 posted on 11/02/2009 2:05:37 AM PST by awaken2spirit (When one fornicates with ignorance, the result of that union is chaos.)
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To: Jim from C-Town

“Do you think I could sue all my neighbors who do this on a regular basis? “

I think you should consider moving, otherwise, why complain about it. I live in the country so I don’t really have that issue.


32 posted on 11/02/2009 2:14:19 AM PST by awaken2spirit (When one fornicates with ignorance, the result of that union is chaos.)
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To: Jim from C-Town
Do you think I could sue all my neighbors who do this on a regular basis?

Sure you can....then they can sue YOU for having friends over for a BBQ

Fun, Fun, Fun.....

33 posted on 11/02/2009 4:10:04 AM PST by libertarian27 (Land of the FEE, home of the SHAMED)
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To: RGSpincich

>>If tobacco smoke was as unobtrusive as the smokers maintain, they would not have to go outside to smoke. Smoke in the house, problem solved.<<

So you’re saying that they can’t go out in their backyard to smoke?

Are you nuts?


34 posted on 11/02/2009 6:41:34 AM PST by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: Windflier

If my dear departed mother were alive, she would have stood as close to the balcony edge as possible and blown smoke their way.

And she was the first to move or put her cig out if anyone politely asked.


35 posted on 11/02/2009 6:44:27 AM PST by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: RGSpincich; Gabz

>>Exactly. But even those who do believe that second hand smoke is harmless don’t like what the smoke does to the interior of a home.<<

Bull.
Everyone I know that smokes outside does it because they live with a non-smoker.

Left to the smokers, they would not inconvenience themselves.

Personally, growing up with a smoker, it doesn’t bother me at all. There is no more “build up” of anything than I get from cooking or living near a highway now.


36 posted on 11/02/2009 6:48:13 AM PST by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: netmilsmom
Bull. Everyone I know that smokes outside does it because they live with a non-smoker.

Hello? And why is that? Because the non smoker doesn't like the smell or the stain. Just like the neighbors.

And if your cooking is leaving the ceiling grungy you need to review your diet or get a better range hood.

37 posted on 11/02/2009 7:08:57 AM PST by RGSpincich
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To: Bokababe
I miss SheLion. She would have some choice words to say about this story ...

California is no longer the state that elected President Reagan to two terms as governor. Alas.

38 posted on 11/02/2009 7:53:05 AM PST by altair (All I want for Christmas is NO legislation passed for the rest of the year)
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To: RGSpincich; Gabz

>>Hello? And why is that? <<

Hello, cause their brainwashed. Just like all the “Second hand smoke” idiots.

>>And if your cooking is leaving the ceiling grungy you need to review your diet or get a better range hood.<<

The point is, even with a range hood and steaming veggies will leave my kitchen just as in need of cleaning as when I lived with my smoking mother.

YOU are the sensitive one. I’m not. Perhaps a bit of conservative core principles of “Pursuit of happiness” will help ya out. If I’m in my backyard and want to light up a cigarette to burn right by your fence, that’s my right. If you don’t like it, go in your house.

Geez I hate “conservatives” with liberal ideas.


39 posted on 11/02/2009 8:10:09 AM PST by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: netmilsmom
Perhaps a bit of conservative core principles of “Pursuit of happiness” will help ya out. If I’m in my backyard and want to light up a cigarette to burn right by your fence, that’s my right. If you don’t like it, go in your house.

Maybe you have forgotten the old conservative saying, "Your pursuit of happiness ends at my property line."

My ideas on smoke drifting over my fence are stated above and it seems you have a reading comprehension problem.

Hello, cause their brainwashed. Just like all the “Second hand smoke” idiots.

But still the smokers you know are considerate enough to honor their 'brainwashed" wishes. So why should smokers not show the same consideration to their neighbors if their neighbors are bothered by the smoke?

40 posted on 11/02/2009 8:26:18 AM PST by RGSpincich
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To: Bokababe

The non-smoking neighbors are whiny idiots, but as a smoker I realize that smoke only rises until it cools, so the idiots probably can detect a faint odor when the wind is blowing in the right direction. Unfortunately the anti-smoking zealots are convinced that if they can smell the smoke, no matter how faintly, it must be killing them. Some of the Green Cult loonies in California want fireplaces and outdoor grilling banned as well, but I think it has more to do with bogus global warming theory than bogus secondhand smoke theory.

If these were my neighbors, I’d be tempted to flick my butts over the fence and into their pool. Of course that would be too obvious and might get me in trouble, but I’d still have fun thinking about it.


41 posted on 11/02/2009 8:32:23 AM PST by Fetid Facts
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To: RGSpincich; Gabz

>>So why should smokers not show the same consideration to their neighbors if their neighbors are bothered by the smoke? <<

It’s their choice. They choose to be considerate. Smoke drifting is an Act of God. Period. Today the wind blows from the west, tomorrow it’s from the north.

So the neighbor who is smoking should check the weather?
How about if the offendee makes the adjustments? If you’re bothered by my friends smoking on MY propery, my BBQ, my perfume, my DH’s wind, it’s YOUR problem. You own it. You do something about it. None of the above bother me so adjust.

>>Maybe you have forgotten the old conservative saying, “Your pursuit of happiness ends at my property line.”<<

Why yes, I remember that being taught as a part of the constitution when I was in PS.

>>and it seems you have a reading comprehension problem.<<
Seems you have an inner liberal problem.


42 posted on 11/02/2009 8:38:41 AM PST by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: Fetid Facts

I remember going onto an rv thread and seeing a poster who thought there should be anti-smoking sections when camping.

Oh for the love of Pete!


43 posted on 11/02/2009 8:43:17 AM PST by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: Fetid Facts
The non-smoking neighbors are whiny idiots, but as a smoker I realize that smoke only rises until it cools, so the idiots probably can detect a faint odor when the wind is blowing in the right direction.

Yes, yet the idea that the smoke hangs there in their yard "like a low-lying fog" is just loony.

I live maybe ten miles from them. I know the weather conditions in that area, because I was working within a mile of them last month. I agree -- they maybe caught a whiff and went into full paranoid mode.

What really bugs me is that these people are over 55 -- old enough to know better than to pull these histrionics and then say, "We don't want to be confrontational". Disgusting, passive-aggressive, attention-seeking behavior that drags everyone else into their mental & legal cesspool.

44 posted on 11/02/2009 8:45:19 AM PST by Bokababe (Save Christian Kosovo! http://www.savekosovo.org)
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To: RGSpincich
If tobacco smoke was as unobtrusive as the smokers maintain, they would not have to go outside to smoke. Smoke in the house, problem solved.

Not much of a conservative are you? What ever happened to property rights? If they are having an outdoor activity, do you expect them to rush indoors everytime they want to light up? They are in their own yard and the neighbors are full of crap, cigarette smoke doesn't settle, it rises.

On top of that, are you aware that about 15 years ago the Supreme Court ruled that the second hand smoke studies were bogus and awarded Tobacco companies 3 million dollars in damages because of it? A drop in the bucket compared to what they have lost to the phony second hand smoke BS, and zero reporting was done on this court case(google it your self).

BTW, I don't smoke but I do believe in property rights and the freedom of the individual.

45 posted on 11/02/2009 9:34:43 AM PST by calex59 (We want our constitution back, and we will get it back.)
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To: ltc8k6
IIRC, they regulate when and if you can have a fire in your fireplace in parts of Cali...

And will not allow outdoor burning even in an incinerator. PC gone wild. SF has even banned fireplace burning, IIRC.

46 posted on 11/02/2009 9:38:44 AM PST by calex59 (We want our constitution back, and we will get it back.)
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To: calex59
"My mother doesn't allow smoking in the house," he said.
Steve Solone said he smokes about a pack and a half of cigarettes a day, but he wasn't aware the smoke was an issue for the Ganguets until his mother was notified of the lawsuit. Steve Solone said he didn't think the smoke would travel outside the yard.

You people are missing the whole point. The reason they are smoking outside is because the homeowner is as wacky as the neighbor. The owner of the property would rather impose on her neighbors than control her guests or let them smoke inside.

Not much of a conservative are you? What ever happened to property rights? If they are having an outdoor activity, do you expect them to rush indoors everytime they want to light up?

There are two sides to every property line. The people on each side have rights. Evidently you didn't read the article, smoking is the outdoor event. It's not even allowed indoors.

I holler about my neighbor's loud rap music. It's not health threatning but I shouldn't have to live with it and I won't. Some people feel the same way about smoke.

47 posted on 11/02/2009 10:09:58 AM PST by RGSpincich
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To: All
By the way, when I input the words "Four Seasons, El Dorado Hills" (the development where these people live) into a search engine, and I came up with residents of this 450 home development complaining about everything and anything from a new theater opening ("too much potential noise") to trying to stop a nearby warehouse being built because "it would block their views of the foothills" to demanding that the busy street that they live off of be "restricted to local traffic".

The center where the theater is located, the business park where the warehouse is located and the major connector street they live off of, all predate the construction of the Four Seasons development so these residents all knew what they were getting into when they bought there, but after the fact, are continually claiming "victimhood". They even organized themselves into a group called the "Four Seasons Civic League".

This smoking/no-smoking issue is just one more complaint from one of the "we are the center of the universe" residents of Four Season Development. Wouldn't be surprised to discover that the Ganguets are the head of the development's official Whining Committee!

48 posted on 11/02/2009 10:11:07 AM PST by Bokababe (Save Christian Kosovo! http://www.savekosovo.org)
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To: netmilsmom

Your dear mother sounds just like mine (who smoked for decades). She didn’t suffer fools or rudeness, but she always returned courtesy and good manners with the same.


49 posted on 11/02/2009 1:24:40 PM PST by Windflier (To anger a conservative, tell him a lie. To anger a liberal, tell him the truth.)
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To: Tzimisce

Health black shirt kooks alert. They should never live peacefully in that house and neighborhood again. They should wish it was only cig. smoke bothering them.


50 posted on 11/02/2009 4:55:11 PM PST by SaraJohnson
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