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Trial Date Set For Backyard Smoking Lawsuit  

Jump to full article: KOAT-TV Ch. 7 (Albuquerque, NM), 2010-01-21

Intro:

A family claims their back yard is filled with cigarette smoke from their next door neighbor. But the woman who's being sued, Linda Garcia, maintains the suit is a huge waste of taxpayer money.

Garcia had no attorney by her side as she sat next to Jesus and Pat Martinez, the family suing her over cigarette smoke that's drifting from her back yard into theirs.

Garcia said she can't find a lawyer to take her case.

"They think I'm pulling a practical joke on them," she said.

So Garcia filed her own motion to have the case dismissed, saying it's a violation of her civil rights. But the Martinez's lawyer disagrees, and said the smoke is a nuisance. . . .

Lakins said his clients are not asking Garcia to stop smoking altogther -- they just want her to light up anywhere, except the back yard.

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