Tempe Music Hall Loses Legal Battle With Nursing Home Over Noise

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shaded parka popular restaurant and music venue in Tempe, will now be forced to end live music early and lower the volume due to complaints from a nursing home across the street.

A judge ruled on April 13 in favor of Mirabella at the USSa retirement community that opened in December 2020. In 2021, they filed a lawsuit against the venue for “excessive” noise.

Shady Park officials said the city of Tempe has not issued a single noise ticket at the Mill Avenue site.

Statement from Mirabella:

We appreciate and respect the time and decision of the Maricopa County Superior Court in favor of Mirabella at ASU and its residents. This decision brings relief to residents of Mirabella and the surrounding community who have been harmed by excessive noise from Shady Park…. We hope the court’s decision translates into peaceful coexistence and a celebration of an inclusive and respectful community for all.

Statement from Shady Park:

This decision will force Shady Park to immediately cease all live music operations as the restrictions imposed prevent us from hosting live music events…we strongly disagree with the findings and will appeal.

If confirmed, Shady Park will likely be forced to close its doors to so many of our friends, family, and staff…Although we never thought ASU would use its land for a retirement home , we are even more surprised that the profit center for the ASU Foundation would be considered more important than the local community and culture that makes this downtown so special – so special that the people who build a high-rise retirement home in front of us.

Some Tempe residents reacted negatively to the decision, saying it takes away from one of the restaurant’s main draws.

“It’s a great place for music, it’s a great place,” said one resident. “It’s a great place for students and anyone who lives around Tempe. It’s sad to hear that one of the main draws is no longer something they can serve.”

Shady Park says this is not the end of the fight and they plan to appeal the judge’s decision.

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