America v. Sunspray Condominium Association

61 A.3d 1249 (2013)

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America v. Sunspray Condominium Association

Maine Supreme Judicial Court
61 A.3d 1249 (2013)

DD

Facts

Vitorino America (plaintiff) owned a unit at Sunspray Condominium. The Sunspray Condominium Association (association) (defendant) enacted a restrictive covenant prohibiting owners from smoking inside their units. America brought suit against the association, contending that the association failed to enforce the covenant. Specifically, America asserted that he was exposed to secondhand smoke when he walked past units in which tobacco was being smoked. Although America argued that cigarette smoke was universally understood to be a toxic substance, he did not establish that he suffered a physical illness as a result of the secondhand smoke. The trial court dismissed America’s complaint. America appealed.

Rule of Law

Issue

Holding and Reasoning (Mead, J.)

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