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The plaintiffs (who sued after mediation failed) are suing for $500,000.00. Good luck with that.
Ignore the 'precedent' setting claim of the OP's original link. Temporary injunctions do not have precedent value. It is 'temporary' (usually 10 days or so, depending on jurisdiction).
The plaintiffs (who sued after mediation failed) are suing for $500,000.00. Good luck with that.
Ignore the 'precedent' setting claim of the OP's original link. Temporary injunctions do not have precedent value. It is 'temporary' (usually 10 days or so, depending on jurisdiction).
They call those "row houses". We used to own one in NYC. They are not part of any development nor do they have a HOA. It is the same as buying and selling a single family home. In these major cities these homes are probably many, many decades old. The man's family has owned their's for 50 years. It would have to be up to the CITY, i.e. DC or NYC, to ban smoking on privately owned property. That is NOT going to happen. Not even the Nanny Health Mayor of NYC tried that one.
Plug the hole in the basement, although with those neighbors that won't satify them either. If this man went outside on his property, they would probably still complain that his smoking was seeping through their WINDOWS being it is attached houses!
Personally what I would do? Go buy a big SMOKER and put it outside in my very close backyard. Want smoke? I'll give you far more smoke than from any cigarette!!!!
Edit: When we lived in that row house, I smoked in my own home. Neighbor never said anything about it (before the smoking craziness), BUT he did used to say that my cookoo clock woke him up at night. lol He said he used to count the cookoos to know what time it was. Ban cookoo clocks too?
I hate cigs, nasty, nasty. That being said this is ridiculous. An apt? Sure, a house? Come on. If someone wants that kind of environment they should move into an HOA where no one has any freedom.
He owns his house. It is HIS property. Castle Doctrine? Has the town/city banned smoking TOTALLY including on private property? Has the HOA banned smoking anywhere in the development? Does this even include OUTSIDE on homeowners property too? If this man was standing outside his home, would these neighbors still complain too if the homes are close to each other?
These neighbors need to get a life and stop trying to run other people lives. Sell their home and go live on a deserted island where nobody will ever bother them with their PRIVATE behaviors.
I wonder if this man can grill outside on his own property? Will these busybodies complain about that SMOKE too?
Did you see their houses? They are attached like town houses. The couple says if he plugs the hole in his basement, they'll drop the lawsuit.
I don't understand how any judge could order this, even temporarily. Not when existing law is as clear as it is. TO or not, bes legislating from the bench. That is, however, a ...favored...tactic of politicians and agenda driven "movements". Of his smoking in his home is so annoying and unhealthy for these neighbors, smoking outside can blow in on a vagrant breeze too. Wtfe.
But, OK, fine, he patches this offending hole in the basement wall, maybe gets one of those smokeless ashtrays. Problem solved.
Did you see their houses? They are attached like town houses. The couple says if he plugs the hole in his basement, they'll drop the lawsuit.
In my experience, such 'holes' run both ways. Why can't the suing couple plug up their end of the hole?
As usual, we do not have all (really, much of any) of the 'facts'. Why did mediation fail? Did the homeowner agree to plug up the hole, but the couple demanded no smoking whatsoever?
That the couple is suing for $500,000.00 is bewildering, and rather makes me believe that they are in it for money, perhaps a settlement from the home-owner's insurance company. As Rush likes to say, follow the money.
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