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Title: Temporary injunction bars man from lighting up inside his Washington home after neighbors sue
Source: FoxNews
URL Source: http://www.foxnews.com/us/2015/03/1 ... ide-his-washington-home-after/
Published: Mar 10, 2015
Author: Associated Press
Post Date: 2015-03-10 17:42:54 by cranky
Keywords: None
Views: 12416
Comments: 68

A temporary order by a Superior Court judge is keeping a man from smoking inside his home in the District of Columbia.

WJLA-TV (http://bit.ly/1BrlPLl ) reports that Edwin Gray's next door neighbors in northeast Washington have filed a civil suit claiming they're being harmed by smoke that sneaks into their home through a hole in the basement. They are seeking an injunction and $500,000 in damages.

A judge issued a temporary injunction last week saying neither Gray nor any family or guests may smoke in the home the family has owned for 50 years. Gray's sister, Mozella Johnson, says they will fight.

In court filings and a statement, the neighbors say they tried to work with Johnson and Gray, and filed suit when mediation attempts failed.

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Begin Trace Mode for Comment # 23.

#4. To: cranky (#0)

Nuisance theory. You can do what you want on your property, but not if it creates a nuisance for your neighbors.

In this case, it sounds like a complete breakdown of communications between warring neighbors. If smoke is coming through a hole in the basement, then the hole needs to be plugged, obviously.

They went to mediation, but apparently could not agree on it. It's not hard to guess why: Gray and Johnson have been living there for 50 years, are older, and come from an era when cigarette smoke was not considered a nuisance.

Times have changed, and now it is, and they're not going to get "grandfathered in" on it, because it's a recognized health issue.

They almost certainly took the: "our home, we've been there, we don't have to do anything, too expensive to plug, unreasonable to ask us" approach. They would have certainly won the case 50 years ago, or 30, or 20. But today?

No. Today, cigarette smoke is considered a carcinogen, and those who are generating it will be found to have the abatement responsibility.

Gray and Johnson have already lost, and they'll keep on losing here.

My own personal opinion? The obvious answer: Johnson and Gray should remediate by plugging the holes, at their expense. An objective third party tester should conduct tests to ensure the remediation is effective, and then that's that.

Vicomte13  posted on  2015-03-10   18:15:36 ET  Reply   Untrace   Trace   Private Reply  


#23. To: Vicomte13 (#4)

Gray and Johnson have already lost, and they'll keep on losing here.

Maybe not. They are black,most likely on welfare and food stamps,and most likely the whiner is a white yuppie.

sneakypete  posted on  2015-03-11   0:21:11 ET  Reply   Untrace   Trace   Private Reply  


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