TEMPE — Shady Park and Mirabella at Arizona State University have reportedly reached an agreement and are expected to ask the Superior Court to dismiss the lawsuit Thursday.
A joint statement released says that Shady Park, a music venue located near Mill Avenue and University Drive, will implement "enhanced sound-abatement measures."
Residents of Mirabella at ASU, a senior living community across the street, had made noise complaints against the venue saying that it impacted sleep, work, study, television and conversations, according to court documents.
A Superior Court judge had previously ruled in favor of Mirabella, but the injunction was vacated by a judge at the Arizona Court of Appeals, sending the case back to the Superior Court.
With an agreement reached, both parties will ask the Superior Court to dismiss the lawsuit, according to the statement.
"We're thrilled to find a win-win resolution," said Tom Dorough, Executive Director of Mirabella 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."
Shady Park's owner Scott Price says, "We've always been committed to being good neighbors. This resolution will allow us to once again host proper live music events while addressing our neighbors’ concerns. We're glad we were able to work with Mirabella to achieve this and look forward to welcoming everyone back to shows at Shady Park for years to come.”
The city of Tempe released a statement saying, "The city looks forward to continuing to work with the parties as the matter between them is resolved. Tempe is committed to actively contributing to a resolution that restores a healthy vibrancy with a mix of uses within the downtown community."
The settlement terms are confidential, according to the statement.
