In loving memory of Kenis D. Keathley 6/4/81 - 3/27/22 Loving father, husband, brother, friend and firewood hoarder Rest in peace, Dexterday

Neighbor sues over "wood smoke"

Discussion in 'The Wood Pile' started by Smokinpiney, Jan 10, 2015.

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  1. prell 73

    prell 73

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    Welcome shari
     
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  2. Well Seasoned

    Well Seasoned Administrator

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    Welcome NJ Wood Stove Lawsuit ! Glad you signed up. If you need any help, just ask, site questions, advice, etc.
     
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  3. BCB

    BCB

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    LOL There's a snitch app called I See Smoke PA for anyone in PA who sees fireplace smoke to report it to their local eco-fascist department.

    https://www.facebook.com/iseesmokepa

    These fricking whackos are almost as bad as that loser Steve Hindi who harasses hunters and anyone with animals.
     
  4. jetjr

    jetjr

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    Welcome aboard glad to have you.hear.
     
    Last edited by a moderator: Jan 14, 2015
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  5. jetjr

    jetjr

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    Ahh that's some scary stuff there.
     
  6. Chvymn99

    Chvymn99 Moderator

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    Just what I was thinking...
     
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  7. Smokinpiney

    Smokinpiney

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  8. Free2Burn

    Free2Burn

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    I just want to let you all know that I am a responsible burner. I only use seasoned woods anything else isn't worth burning. Wet wood smokes likes crazy and does not produce enough heat. I burn small hot fires and do not overload the insert, which is another cause of smoke. I make sure I have good air flow, doing all these things benefits me as well as my neighbors. I just want to mention that there a numerous homes in the neighborhood that burn as well. No other neighbors have had any complaints. I asked my other neighbors if any of them were bothered by my burning and nobody else is bothered by it. Across the street from my neighbor is a camp ground. Not the traditional campground with tents and RVs it's mostly trailer homes that families use to vacation near the shore. Fires are permitted at the campground from April - October when the resort is open. For some reason that smoke doesn't bother him it's just mine.

    I have the insert cleaned every year by the company that installed the insert. It's a 2009 Regency I2400 fireplace insert. The whole reason I went down the road of heating with wood was because the Federal Government offered a $1,500 federal tax credit for purchasing an EPA-Certified Stove and using a renewable resource.

    The part I have a problem with is the EPA plays both sides of the fence on the wood heating issue. If you visit the EPA burn wise website, they talk of the dangers of wood smoke is as well as links to pages that give on how to burning properly. If it wasn't for the tax credit and the EPA certifying the stove I probably would have never went the route of heating with wood but I was encouraged by the tax credit and the EPA certifying the stoves.....it's the government it should be ok then....hahaha. My house is all electric baseboard, to convert to gas would cost between 15-20K. I don't really have any other options other than wood or electric.....soon I may be forced to only use electric.

    Another issue I have is if I decide to give up the fight and sell the house and move elsewhere how am I ever going to be able to sell a house with a court imposed injunction on it? As long as Mr. Neighbor lives next door if I sell the buyer would be held to the same injunction.....now how is that fair???? Would you buy a house with an injunction placed on it. Or a home with a fireplace insert knowing you had restrictions on it or couldn't use it? Why have a fireplace in homes if this is where we have ended up. I'm sure outdoor fire pits are next.
     
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  9. tuneighty

    tuneighty

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    Glad you could join us NJ Wood Stove Lawsuit !!

    As you can can see, were all pulling for you!!! There is an amazing amount of knowledge here.
     
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  10. Grizzly Adam

    Grizzly Adam null

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    The EPA plays both sides of the fence and so do many of us here. Wood smoke is dangerous and bad for your health-- that is why we burn cleanly so as to pollute as little as possible and we produce little to no smoke.
     
  11. Chvymn99

    Chvymn99 Moderator

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    NJ Wood Stove Lawsuit Welcome to FHC! Glad you found us. :yes:.... As you can see we have a love :wacky:affair with our woodpiles/stacks/cubes....Plus we like our chainsaws and our food.... Enjoy the site, a lot of great people are here to help!
     
  12. Smokinpiney

    Smokinpiney

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    Some might call us just a little bit crazy :hair: . But at least we're normal in each other eyes haha:rofl: :lol:
     
  13. HDRock

    HDRock

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    I just have to bite my tongue now because I don't have anything good to say except, NJ Wood Stove Lawsuit, Sheri I am pulling for you 100%
     
  14. prell 73

    prell 73

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  15. ailanthus

    ailanthus

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    Welcome Shari. Fight the good fight - you've got a lot of allies here!!
     
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  16. Beetle-Kill

    Beetle-Kill

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    Welcome Shari. Keep us posted.
    Especially the outcome of your civil suit for pain, suffering, emotional distress, etc., etc., once you've won and this facet of the mess is behind you. :thumbs:
     
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  17. Stinny

    Stinny

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    Hi NJ Wood Stove Lawsuit ... Shari !!! Along with everyone else here, I'm sure glad you decided to join FHC. I'm not surprised at all that there are lawyers willing to help free of charge in your fight to heat your home with seasoned firewood. Good luck with your neighbor. The really sad part is, after he loses his bid to try and tell you how to heat your home, and then moves... he'll be someone else's neighbor someday to deal with... :picard: can't fix stupid... but you can provide a "teachable moment" for him in court... :yes: Go git em...
     
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  18. Stinny

    Stinny

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    Might be a great time to get those folks in your neighborhood to sign some sort of statement saying your woodstove's smoke is no concern to them and neither is the campground's. May come in handy later. I know that common sense, in today's world, seems to be elusive but... I can't imagine this neighbor of your's going deep into his own pockets on a case he'll probably lose. Again... good luck... every wood burner in this country is rooting for you.
     
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  19. billb3

    billb3

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    It is my understanding the injunction is a temporary form of cease and desist while your case is pending a trial/judicial outcome. If the case gets dropped the injunction should cease to be valid.
    In prep for a injunction I'd get a prevailing wind for your neighborhood and hope the usual wind are not in your neighbor's direction and hope to get the injunction to only apply when the winds would actually impact him as part of a hardship limitation to the injunction. Worth a try if it even gets that far.
     
  20. Bret Hart

    Bret Hart

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