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20 year legal feud over annoying smokey barbecue rumbles on

Family first filed complaint over 'too-close' barbie in 2004

Redazione Ansa

(ANSA) - ROME, OCT 22 - A 20-year legal feud between two neighbouring families over an allegedly bothersome smokey barbecue is rumbling on.
    The Court of Cassation has in fact sent the case between two families from Tavernelle di Sovizzo, in the province of Vicenza, back to the Court of Appeal of Venice, the Corriere del Veneto newspaper reported Tuesday.
    Back in 2004, the Tonin family turned to the Vicenza court because they were annoyed by the smoke produced by their neighbours' barbecue, which they said was built too close to the border between the two properties.
    In 2007, the first-instance judges rejected the request to demolish the fireplace-located barbie, not considering it a "construction" and therefore not falling within the urban planning regulations for buildings, but ordered the interested family, the Cozza-Monterisis, to find a way to reduce the inconvenience.
    The Tonin family appealed, but lost again in 2019. The Supreme Court, to which the appellants ultimately turned, has now ordered a new appeal trial, accepting the Tonins' appeal because even a fireplace must be considered a "construction".
    After twenty years, the court will therefore return to bring the sentence into line with this ruling, that the barbie is a construction. (ANSA).
   

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