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I am sorry for your situation.
precedent for suing a neighbor for smoke under NUISANCE
cause of action. See here
. The elements of the tort of private nuisance are: (1) an interference, substantial in nature; (2) intentional in origin; (3) unreasonable in character; (4) with plaintiff's right to use and enjoy land; (5) caused by the defendant's conduct. Copart Indus. v Consolidated Edison Co., supra)
I am afraid that the Coop Board is not liable for anything and cannot force him to do anything. However, the neighbor themselves may
be liable, if his actions are considered enough to be a nuisance. This is very subjective and is on a very case by case basis.
Perhaps a CEASE AND DESIST letter from an attorney threatening a lawsuit may be enough for them to stop their actions without even needing to go to Court.
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