David Schuman v. Greenbelt Homes, Inc., No. 2020, Md. Ct. Spec. App. (2012)
The legal issue in this case is whether the Circuit Court erred (1) in denying Appellant’s motion for a preliminary injunction based on a finding that Appellant had only demonstrated that secondhand smoke, a known carcinogen, was an “offensive odor” and therefore not a nuisance; (2) in requiring “medical evidence demonstrating an unfavorable health condition” or “materially diminished property value” before determining the secondhand smoke to be a nuisance warranting the granting of a preliminary injunction; and (3) in applying the deferential “business judgment rule” in the context of a residential common interest community as opposed to the “reasonableness” standard.