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.
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