Judge vacates injunction in Mirabella at ASU, Shady Park noise complaint case

A judge with the Arizona Court of Appeals has vacated an injunction in the case involving Mirabella at ASU and Shady Park, sending the case back to the superior court.

The superior court judge initially ruled in favor of Mirabella, a senior living building, implementing time and decibel restrictions.

Residents living in Mirabella made complaints, saying that the concerts at Shady Park, a bar and concert venue, interrupted their sleep, work, study, television and conversations, according to court documents.

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The original injunction implemented the following:

• Limited concerts to 7 p.m. to 11 p.m. on Fridays and Saturdays, and 2 p.m. to 7 p.m. on Sundays
• Limited the decibel level as measured from Shady Park's stage to 97
• Required Shady Park to acquire additionals subwoofers
• Required Shady Park and all plaintiffs to reach an agreement allowing plaintiffs to monitor the sound level

Shady Park appealed the injunction, saying that the injunction violates the venue's First Amendment rights, violates principles of separation of powers, contains legally flawed and unworkable enforcement mechanisms, and improperly seeks to remedy harms compensable by monetary damages.

The appellate judge used the First Amendment challenge to vacate the injunction.

The full ruling can be read below:

Mirabella at ASU released the following statement after the ruling:

The opinion did not challenge the Superior Court’s findings that Shady Park’s outdoor concerts were likely to be found a nuisance at trial. And far from questioning the Superior Court's choice to protect residents near Shady Park from excessive noise, the Court of Appeals simply returned the injunction to the Superior Court to consider a new remedy. The matter remains on course for a trial on Mirabella's request for a permanent injunction, now with some helpful guidance about how to fashion remedies for the nuisance.

Shady Park tweeted after the ruling: