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Secondhand Smoke Appeal Accepted as Issue Grows in Greenbelt  

After the Court of Appeals granted Schuman's request to appeal his secondhand smoke case, 11 co-op neighbors asked for a smoke-free row of homes.
Jump to full article: Patch.org, 2012-03-06
Author: Bailey Henneberg Greenbelt Patch


Just a month after David Schuman won the right to appeal his secondhand smoke case in court, a new anti-smoking movement is emerging in Greenbelt.

A group of 11 co-op members have filed a request with GHI to change their Mutual Ownership Contracts by requiring their homes to be smoke-free.

"We, the members of the 13 A-H Ridge Road row, have unanimously determined that we wish to become smoke free," the neighbors wrote to GHI.

"We request that we be allowed to modify our Mutual Ownership Contracts [MOCs] so that indoor smoking in these units is a violation of the contract," they stated — calling for a permanent ban that applies to all future MOCs on that row as well.

But according to the neighbor who started the drive, Judy Bell, they are only seeking to change the MOCs for their row, not all of GHI.

On Nov. 3, 2011, GHI won a court case brought against it and a neighbor of David S. Schuman. In the complaint, co-op member Shuman stated that his neighbor’s secondhand smoke created a nuisance that GHI failed to solve in accordance with his MOC.

In David S. Schuman v. Greenbelt Homes, Inc. et al., Prince George's County Circuit Court Judge Albert Northrop ruled that although secondhand smoke may be dangerous, in this case it was not an actionable nuisance.

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