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Smoking creates neighborly rift

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Published: Jan. 22, 2010 at 1:31 AM

ALBUQUERQUE, Jan. 22 (UPI) -- A dispute over smoking has neighbors in Albuquerque involved in a lawsuit and counterclaim, authorities said.

Jesus and Pat Martinez said Linda Garcia's cigarette smoke comes in through their vents and efforts to get rid of it have not been successful, the Albuquerque Journal reported. The couple said Garcia and her husband, Paul Marquez, have not been willing to switch from smoking in the back yard to smoking in front of their house.

Garcia, in her response, said she and her husband smoke four cigarettes each during a typical evening. She said complaints from the neighbors have resulted in stress and that the noise of their fan keeps her awake.

Charles Lakins, the Martinezes' lawyer, said he hopes to get everything settled through mediation.

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