Schuman Files Notice of Appeal in Secondhand Smoke Case

David S. Schuman filed a notice of appeal on Nov. 28, less than a month after Prince George's County Circuit Court , according to information records from the Circuit Court of Maryland's website.

"Yes, we did file notice of appeal," Schuman confirmed Saturday regarding the secondhand smoke case, David S. Schuman v. Greenbelt Homes, Inc. et al. "Briefs with argument will probably not be filed for a month or so."

In his November decision, Northrop awarded no monetary damages to Schuman in his case against his townhome neighbors, the Popovics, and his housing cooperative, GHI — for its failure to prohibit the nuisance created by his neighbors' secondhand smoke.

Northrop ruled that although secondhand smoke may be dangerous, in this case it was not a substantial nuisance.

“There needs to be actionable harm,” Northrop said. “I can’t find there’s an actionable nuisance in this case.”

Northrop did grant by consent a permanent injunction against inside smoking by the Popovics, although he made no ruling to prevent Darko Popovic from smoking outside his townhome.

After the trial, Schuman said because of the ruling he was going to have to move, if he was able to sell his house.

His home is currently listed for sale on GHI's website.