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A Maricopa County judge sided with Mirabella at ASU in a long-simmering noise feud with a Mill Avenue bar.
Shady Park and Mirabella, a retirement home built on the Arizona State University campus, had been embroiled in a February lawsuit stemming from the bar’s late night live music.
Maricopa County Superior Court Judge Brad Astrowsky ruled on April 13 that Shady Park’s concerts are a nuisance that warrant injunctive relief. Elsewhere, the ruling found that Mill Avenue is a residential setting due to the number of hotels and apartments nearby. It also stated that Shady Park would not be harmed if it is required to turn down its music or acoustically seal the space with an enclosure.
A spokesperson for Mirabella at ASU lauded the decision in favor of its senior residents.
“We appreciate and respect the Maricopa County Superior Court’s time and decision in favor of Mirabella at ASU and its residents,” according to a statement. “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.”
But Shady Park disagreed with the judge’s ruling, adding that the decision would cause harm to its business.
“The ruling will force Shady Park to cease all live music options immediately, as the restrictions mandated make it impossible for us to hold live music operations,” the bar said in a statement. “We strongly disagree with the findings, and we will be appealing. If upheld, Shady Park will likely be forced to close its doors to so many of our friends, family and staff members.”
The statement revealed that Mirabella had previously offered Shady Park a large sum of money prior to the trial to shut its doors and allow the retirement community to take over its lease. It also pointed out that the city of Tempe has never issued Shady Park a noise citation.
“We still believe in the rule of law and remain committed to it,” the statement continued. “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.”
Lindsay is a Phoenix native and is thrilled to be reporting in her hometown.
After spending several years in advertising after college, she switched gears and graduated with her master’s degree in journalism at Arizona State University in 2019.
When she’s not writing, you can usually find her reading a book or playing with her family’s dogs.
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