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• Couple Files Suit Over Smoking: Neighbor's Cigarettes Affect Health, They Say 

Jesus and Pat Martinez have lived in the North Valley home they built since 1962, and they recently celebrated their 50th wedding anniversary there.

But they say their enjoyment of it has been considerably diminished over the past two-plus years because of a neighbor whose heavy smoking at all hours has ended up coming through the vents of their home and causing adverse health effects.

The Martinezes tried putting an oscillating fan outside and installing air purifiers inside before Jesus Martinez finally went over to speak with the neighbors, he said in a phone interview. But the problem eventually led them to hire legal counsel and file a one-page civil complaint in Metropolitan Court against Linda Garcia for nuisance damages.

Jesus Martinez said when he approached Paul Marquez, the resident of the apartment the smoke was coming from, Marquez said, "It's my wife."

The Martinezes said they proposed the neighbors smoke in front of the house, instead of in the backyard, which adjoins the Martinez property.

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