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Judge rules in favor of retirement community in music venue noise battle

The retirement living community, Mirabella at ASU, opened in 2020 while Shady Park was closed due to Covid-19.

TEMPE, Ariz. — A judge this week ruled in favor of Mirabella at ASU, a retirement living community, in a lawsuit against the downtown Tempe music venue known as Shady Park after nearly a year of complaints about sound levels. 

The ruling from the Maricopa County Superior Court puts parameters on the venue's sound levels and times when music can be played. Shady Park says those parameters would force them "to cease all live music operations as the restrictions mandated make it impossible" to hold live music events.

Mirabella first opened in December 2020 on the corner of University Drive and Mill Avenue across from the music venue. At the time Shady Park was closed due to Covid-19. 

Once the live music returned in May 2021, Mirabella residents began to raise concerns about the noise coming from the EDM club.

In the ruling, Shady Park was ordered to "not begin its outdoor concerts prior to 7 p.m. on Friday and Saturday night and shall terminate its outdoor concerts no later than 11 p.m., court documents said.

The ruling also says Shady Park must "limit its noise level to no greater than 97 dB as measured from Shady Park's concert stage," and the venue must provide a method for live-monitoring of the sound level measurements during the entirety of outdoor concerts.

Mirabella in a statement following the ruling said in part:

"We appreciate and respect the Maricopa County Superior Court’s time and decision in favor of Mirabella at ASU and its residents. This ruling provides relief to Mirabella 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 disruption. 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."

Shady Park said it is planning to appeal the ruling but said if it is upheld, the venue "will likely be forced to close its doors."

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