TEMPE, Ariz. — Live music will return to Shady Park in Tempe after the music venue and a nearby senior living community asked the state Supreme Court to dismiss the lawsuit between the two.
A Superior Court judge ruled earlier this year against Shady Park after Mirabella at ASU sued the music club for causing a public nuisance and violating Tempe's noise ordinance. The judge set a schedule for when Shady Park would be allowed to play music.
Shady Park appealed the ruling and argued the restrictions violated the business' First Amendment rights because music "is a protected form of expression," records show.
The appellate judges ordered the case to be reconsidered by the Superior Court judge. But now that won't be necessary, according to a joint statement from the two businesses.
"We've always been committed to being good neighbors' concerns," Shady Park's owner Scott Price said in the statement. "We're glad we were able to work with Maribella to achieve this and look forward to welcoming everyone back to shows at Shady Park for years to come."
The settlement terms are confidential, but the statement says Shady Park "will implement enhanced sound abatement measures at its venue in a way that will both preserve the ability to host concerts while reducing the impact of noise on the surrounding community."
"We're thrilled to find a win-win resolution," said Tom Dorough, executive director of Maribella at ASU. "Our goal was a solution that worked for both parties. This agreement will keep the music going for Shady Park's fans while letting surrounding residents get a good night's sleep. It's a great result for the community and the City of Tempe."
Mirabella 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.
Shady Park is working with the city to expedite the process of acquiring permits so sound mitigation measures can be implemented and live music can return, the statement said.
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