The judge should order him to move and leave her alone.
I know there are people like that here too. I am not a big fan of cigarette smoke, but some people seem to have noses that detect cigarette smoke in the parts per billion range. People should not have to make allowances for those that are hypersensitive. Those that are hypersensitive should make allowances for themselves. I wonder if he has a fire place? What other things does he tolerate that he doesn't bother to sue over? Does he drive a battery operated car or does it put out exhaust?
I guess she should have sued him for harassment.