Concert venue

Life Plan community obtains injunction against concert hall in noise complaint case

Mirabella at the USS (Courtesy of Mirabella at ASU)

An Arizona life plan community has won its noise lawsuit against a local concert hall that existed before the retirement community opened, potentially spelling the end of the local business.

A Maricopa County Superior Court ruling sided with Mirabella in ASU, which sought an injunction to prohibit Shady Park from emitting noise that exceeds the City of Tempe community standard.

The court issued a preliminary injunction against the concert hall on Wednesday, finding that the Arizona State University-based continuing care retirement community would likely win a public nuisance lawsuit because its residents “are unable to use or enjoying their house” during the concerts in Shady Park.

The court also found that the concert hall is located in a residential, non-musical commercial setting, and it placed parameters on the hall’s noise levels and concert hours, which, according to Shady Park, “we prevent the organization of live musical events.

In a statement, Mirabella said the decision brings relief to its residents and the surrounding community “who have been harmed by excessive noise from Shady Park.”

“Our residents are an important part of the vibrant and growing downtown Tempe community, and appreciate its culture and energy, but simply want to enjoy their community without unreasonable disruptions,” the statement read. “We hope the court’s decision leads to peaceful coexistence and the celebration of an inclusive and respectful community for all.”

In the ruling, the court said this was not a “so-called ‘get off my lawn’ case” and that the adverse effects of the Shady Park concerts were not limited to residents of Mirabella.

“The evidence does not show that Shady Park needs to produce noise at any 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 decision read.

The court previously ruled against Mirabella’s request for a temporary restraining order requiring Shady Park to stop hosting live music while the trial continues.

On Wednesday, Shady Park posted on his Twitter feed that the decision will require him to “immediately cease all live music operations.” The owners said they “strongly disagree” with the findings and will appeal the case.

The concert hall also said that Mirabella “offered us a large sum of money to close and agree to let them take over our lease”. The owners said they rejected the offer and “worked hard to try and accommodate Mirabella and ASU.”

“We will believe in and stand by the rule of law,” the tweet read. “We remain hopeful that the justice system will correct this injustice and that our appeal will allow us to once again welcome live music and bring a little joy and happiness to thousands of people every week.”

The first residents moved into Mirabella at ASU in December 2020, at a time when Shady Park – open since 2015 – was not hosting live shows due to the COVID-19 pandemic. These performances started again last summer after a 14-month break.

When Mirabella filed noise complaints against Shady Park, supporters of the venue lambasted the community on social media, accusing the CCRC of an “aggressive and coordinated campaign” to shut down live music there.

Mirabella said she only went to court after months of trying — and failing — to resolve the noise complaint issue with Shady Park.