Boffoli v. Orton, et al.

A nonsmoker filed a lawsuit against two neighbors who ”continuously smoke cigarettes  on a south-facing front deck of their residence.”  Boffoli brought the action in trespass, nuisance and injunctive relief because the neighbors’ smoke intrudes into his home.  After a bench trial, the trial court entered a judgment for the defendant.  On appeal, Boffoli argued that the judge improperly denied his request for a jury trial.  The Court of Appeals of Washington, Division One, affirmed the judgment for the defendants, ruling that “the trial court did not abuse its discretion in denying Boffoli’s jury demand” since the relief sought was primarily injunctive.  Noting that “Boffoli does not specifically identify any duty that he contends the Halls are failing to perform,” the Court of Appeals also ruled that because “Boffoli fails to demonstrate that he has a right to bring a nuisance action against the Halls for smoking cigarettes on their property, he cannot demonstrate error in the trial court’s decision to dismiss the claim.”

An appeal was affirmed at 155 Wn. App. 1031, 2010 Wash. App. LEXIS 836.  The Supreme Court of Washington, at 169 Wn. 2d 1019, 238 P.3d 502, 2010 Wash. LEXIS 751, denied a petition for review.

010 Wash. App. LEXIS 807 (2010).