CLEVELAND (WJW) — A jury has ruled in favor of the defendants in an unusual case where a couple sued their neighbors for using a large pizza oven in their backyard.
All eight members of the jury agreed that defendants, Paul Schambs and Mary Lynne Newsome, did not negligently use the woodfired pizza oven their neighbors claimed in court was a nuisance.
According to the lawsuit filed by Brooks and Mika Jones, Schambs built a commercial size woodfired pizza oven in May 2017 behind a home on Grandview Avenue that he shares with Newsome.
The plaintiffs live on the second floor of an apartment building that they own two doors down from the pizza oven, and since 2017, they maintain the oven has been a consistent nuisance. The Jones’ claim that ongoing complaints about the impact of the oven that they have lodged with the owners and the city of Cleveland Heights have fallen on deaf ears.
According to the lawsuit, the plaintiffs maintain that the smoke and fumes are so strong that the odor lingers on their clothes and the fur of their pets for days on end. The suit maintains that when the pizza oven is used, it typically burns for between three and 10 hours at a time.
The plaintiffs contend that the physical discomfort caused by the smoke and fumes includes coughing, sore throats, headaches, burning eyes and dizziness.
Brooks and Mika Jones sought at least $25,000 in damages, and injunctive relief to prevent Schambs and Newsome from using the pizza oven.