ALBUQUERQUE, N.M. -- Linda Garcia likes to smoke in her backyard. But, her neighbors have a problem with that and have filed a lawsuit against her saying it's a public nuisance.
KOAT News reports that, Stephen Lane, Garcia's lawyer filed a motion to dismiss the case. On Monday morning a judge denied that request, and the case will go to trial next week.
"To dictate how I am living or how I'm going to live, that's beyond comprehension," said Garcia.
"One woman sitting on her back patio smoking a cigarette is not a unreasonable nuisance," said Lane.
Attorney Charles Lakins is representing Garcia's neighbor. He said that he agrees that someone has the right to smoke in their own backyard, but Garcia's choices should not hinder his clients from enjoying their property as well.
The trial begins May 17.
