Judge tosses backyard smoking suit

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ALBUQUERQUE, May 18 (UPI) -- An Albuquerque judge ruled against a couple whose lawsuit against a neighbor claimed her backyard smoking hurt their quality of life.

Judge Rosie Allred ruled in favor of Linda Garcia, who was sued by neighbors Jesus and Pat Martinez for smoking cigarettes in her own backyard, KOAT-TV, Albuquerque, reported Tuesday.


"After hearing the facts, she said what Ms. Garcia was doing on her own property was not unreasonable," Stephen Lane, Garcia's attorney, said of the judge.

Jesus and Pat Martinez claimed the smoke would blow though the air and enter their home, causing Pat Martinez to suffer smoke-related illness. Their lawyer said he is disappointed by the verdict.

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