Reply #24: Cigarette smoke? Or smoke from a fire, or other open combustion?

[Ikonoklast]

One is not exactly like the other. I don't think this comes even close to qualifying for a 'nuisance'.

What about a pedestrian walking past their yard? Could he be enjoined from smoking as he walked past their residence?

Or internal combustion engines.

Could they then make a case that noxious fumes from automobiles or lawnmowers keep them from enjoying their property? Bet they wouldn't, as they most likely own one.

This case would set a precedent that would be so far-reaching as to be ridiculous in its' potential scope.

Seems more like a nuisance suit against neighbors they don't care for.

If it's a good course of action, I wonder how many people have been legally constrained from smoking in their own back yard, by a neighbor, or anyone, for that matter.