I would start with being reasonably accommodating. I am so sorry that bothers you! I'd be happy to make that change. I just invested a lot of money into this patio, but if you would be willing to pay to move it, I can make that change. There are no laws against using a smoker in my own yard, but I can try to help you with this if you're willing to pay the bill because it bothers you that much. You know he won't pony up any cash, but at least it looks like you give a chit.
Some people are just jerks. I would be smoking 24/7 once he started showing up at my door.
Just make sure you stay clear of any HOA Violations if you're going to war with this jackass..
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