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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: 12825
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 # 26.

#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  


#8. To: Vicomte13 (#4) (Edited)

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.

I've dealt with this bullshit, often. Most people like this hate each other and any kind of communication or reason is fruitless.

This complaining neighbor must feel that his neighbors deed must dictate no smoking, for his benefit. How arrogant.

GrandIsland  posted on  2015-03-10   18:56:15 ET  Reply   Untrace   Trace   Private Reply  


#17. To: GrandIsland (#8)

I've dealt with this bullshit, often. Most people like this hate each other and any kind of communication or reason is fruitless.

The court should be wise enough to force both parties to pay for plugging the holes.

My guess is the court will want to intervene to punish any smokers and to lay down precedents for further regulation of homes by courts.

BigGov wants inside your front door.

Where are all the libs screaming about the government in their bedrooms? Apparently, that doesn't count when they don't want it to.

Of course, it's a craphole Blue dominion so they'll go for intrusiveness. It would be a different story in most Red states.

Tooconservative  posted on  2015-03-10   19:34:31 ET  Reply   Untrace   Trace   Private Reply  


#26. To: TooConservative (#17)

The court should be wise enough to force both parties to pay for plugging the holes.

Somebody correct me if I'm wrong,but don't stacked boxes like that have Homeowners organizations that collect monthly dues to do repairs to common areas?

sneakypete  posted on  2015-03-11   0:28:07 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 26.

#28. To: sneakypete (#26)

Somebody correct me if I'm wrong,but don't stacked boxes like that have Homeowners organizations that collect monthly dues to do repairs to common areas?

Not all of them. They look like post-war row houses to me.

Tooconservative  posted on  2015-03-11 05:48:37 ET  Reply   Untrace   Trace   Private Reply  


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