ALBUQUERQUE, N.M. -- An Albuquerque couple took their neighbor to court alleging that her smoking in her backyard was creating a health hazard.

On Monday, the plaintiff's Jesus and Pat Martinez said their neighbor Linda Garcia's smoking in her own backyard hurt their quality of life, and filed a suit against Garcia.

KOAT reports that Judge Rosie Allred read her verdict in favor of Garcia.

"After hearing the facts, she said what Ms. Garcia was doing on her own property was not unreasonable," said defense attorney Stephen Lane.

The plaintiffs argued that Garcia's smoke would waft through the air and settle in their home. Two experts were called to testify, but the experts couldn't detect smoke in their house.

Plaintiff Jesus Martinez smoked when the couple were first married and quit ten years later.

Garcia's lawyer asked Jesus if his wife had problems when he smoked. He responded that she didn't.

"She never tried to sue you while you were smoking?" pressed Lane.

Lane said this is a rare case, with only one other like it in the country.

The attorney for the plaintiffs said he is disappointed with the verdict, and that the smoke is a real problem that his clients have to deal with.