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El Dorado Hills couple sues neighbor over cigarette smoke  

Jump to full article: Sacramento (CA) Bee, 2009-11-01
Author: Cathy Locke

Intro:

"In a senior community, you think we'll all be compatible and have the same values," said Richard Ganguet, a retired El Dorado County sheriff's deputy.

But three years after settling into their single-family home in El Dorado Hills' Four Seasons development, the Ganguets are suing their next-door neighbor over cigar and cigarette smoke they say wafts into their backyard and house.

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.

Doug Smith, attorney for the neighboring homeowner, Florence Solone, said the issue is a trivial one that should be resolved by neighbors talking with each other, not with a lawsuit in El Dorado Superior Court.

But disputes between neighbors over secondhand smoke are increasingly making their way into courtrooms and city council chambers.

With smoking banned in workplaces, restaurants and bars, Californians are less willing to tolerate the smell of smoke in their houses or backyards, said Robin Salsburg, a staff attorney with the Oakland-based Public Health Institute's Public Health Law and Policy program.

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