An Arizona life plan community has won its noise complaint case against a local concert venue that existed before the retirement community opened, potentially sounding the death knell for the local business.
A ruling from the Maricopa County Superior Court sided with Mirabella at ASU, which asked for an injunction to prohibit Shady Park from emitting noise that exceeds the city of Tempe’s community standard.
The court issued a preliminary injunction against the concert venue on Wednesday, finding that the Arizona State University-based continuing care retirement community likely would win a public nuisance trial because its residents “are unable to use or enjoy their homes” during Shady Park concerts.
The court also found that the concert venue is located in a residential, non-music commercial setting, and it placed parameters on the venue’s noise levels and concert hours, which Shady Park said would “make it impossible for us to hold live music events.”
In a statement, Mirabella said the ruling provides relief to its residents and the surrounding community “who have been harmed by Shady Park’s excessive noise.”
“Our residents are an important part of the vibrant and growing downtown Tempe community, and appreciate its culture and energy, but simply wish to enjoy their community without unreasonable disruptions,” the statement read. “We hope the court’s ruling results in peaceful coexistence moving forward, and a celebration of a community that is inclusive and respectful of all.”
In the ruling, the court said it was not a “so-called ‘get off my lawn’ case,” and that the adverse effects of Shady Park’s concerts were not limited to Mirabella residents.
“The evidence does not show that Shady Park needs to produce noise at a particular decibel level or that it needs that noise to escape its premises in order to conduct its business or add value to the community,” the ruling read.
The court previously had ruled against Mirabella’s request for a temporary restraining order forcing Shady Park to stop hosting live music while the lawsuit proceeded.
On Wednesday, Shady Park posted on its Twitter feed that the ruling will force it to “cease all live music operations immediately.” The owners said they “strongly disagree” with the findings and will appeal the case.
The concert venue also stated that Mirabella “offered us a large sum of money to close down and agree to let them take over our lease.” The owners said that they rebuffed the offer and had “worked hard to try to accommodate Mirabella and ASU.”
“We will believe in the rule of law and remain committed to it,” the tweet read. “We remain hopeful that the court system will correct this injustice and that our appeal will allow us to once again host live music and provide a bit of joy and happiness to thousands of people every week.”
The first residents moved into Mirabella at ASU in December 2020, during a time when Shady Park — open since 2015 — was not hosting live performances due to the COVID-19 pandemic. Those performances started up again last summer after a 14-month pause.
When Mirabella filed noise complaints against Shady Park, supporters of the venue blasted the community on social media, accusing the CCRC of a “coordinated, aggressive campaign” to shut down live music there.
Mirabella said it only went to court after months of trying — and failing — to resolve the noise complaint issue with Shady Park.