TEMPE, Ariz. — An appellate court has ruled in favor of a Tempe music venue that's been in a legal fight with a nearby retirement community over noise complaints.
A Superior Court judge ruled earlier this year against Shady Park after the Mirabella community 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.
But the Arizona Court of Appeals has recently vacated the previous ruling, finding that the injunction "burdens more speech than necessary."
"...there is nothing in the record establishing that a complete ban on concerts during certain hours is necessary to resolve the nuisance," the appellate court ruling states.
The appellate judges ordered the case to be reconsidered by the Superior Court judge.
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