ARIZONA NEWS

Mill Avenue’s Shady Park loses legal battle over live music, says closure is possible

Apr 14, 2022, 2:00 PM

(Facebook Photo/Shady Park Tempe)...

(Facebook Photo/Shady Park Tempe)

(Facebook Photo/Shady Park Tempe)

PHOENIX — Shady Park on Tuesday lost a legal battle with a nearby retirement community over its live music productions, a move the Mill Avenue venue said could cause it to close its doors.

The ruling from a Maricopa County Superior Court judge limited Shady Park’s live music hours, siding with Mirabella at ASU’s complaints that the noise and hours of operation were causing “the possibility of irreparable injury” to residents.

Shady Park can only have live music from 7 p.m. to 11 p.m. six days a week and 2 p.m. to 7 p.m. on Sundays as part of the preliminary injunction. A limit on noise levels was also included in the ruling.

The downtown Tempe venue, which began hosting concerts in 2015, would typically host live music until 2 a.m. on the weekends.

“This ruling will force Shady Park to cease all live music operations immediately as the restrictions mandated make it impossible for us to hold live music events,” Shady Park said in a statement.

“We strongly disagree with the findings and we will be appealing. If upheld, Shady Park will likely be forced to close its doors to so may of our friends, family and staff members.”

The decision was the latest step in the sides’ live music clash.

Mirabella at ASU, a community for those 62 years old and older, opened in December 2020 on the southeast side of Mill Avenue and University Drive, directly across from the venue.

Shady Park wasn’t hosting live concerts at that time due to the COVID-19 pandemic, resuming operations in May 2021.

Mirabella residents said that when the concerts resumed, the noise was “incessant” and “unrelenting,” and was often the loudest after 1 a.m.

Shady Park argued it was a “get off my lawn” case from Mirabella, which the judge rejected.

“We remain hopeful that the court system will correct this injustice and that our appeal will allow us to once again host live music and provide a bit of joy and happiness to thousands of people every week,” Shady Park said.

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

Dutch semiconductor company ASM is investing more than $320 million to expand its U.S. headquarters...

Heidi Hommel

Dutch semiconductor company ASM announces $320 million investment in Scottsdale

Dutch semiconductor equipment company ASM is investing more than $320 million to expand its U.S. headquarters in Scottsdale.

49 minutes ago

A U.S. Border Patrol agent counts immigrants after they spent the night in the desert on December 0...

KTAR.com

Community activist believes closure of Lukeville Port of Entry could result in border town deaths

A community activist who works with border towns believes there could be deaths if the Lukeville Port of Entry in Arizona doesn't reopen soon.

59 minutes ago

Phoenix Police has released video of a shooting where a suspect fired at an officer following a sto...

KTAR.com

Phoenix Police release video in shooting of man who fired at officer

The Phoenix Police Department has released video of a shooting where a suspect fired at an officer following a stop.

1 hour ago

KTAR.com

Kygo to headline final night of Coors Light Birds Nest in February at WM Phoenix Open

The 2024 Coors Light Birds Nest added internationally acclaimed DJ and music producer Kygo as the headliner for its final night on Feb. 10.

1 hour ago

Fantasy of Lights Boat Parade...

KTAR.com

Tempe to hold Fantasy of Lights Boat Parade on Saturday

Arizona's most unique holiday event, the Fantasy of Lights Boat Parade, will launch at 7 p.m. across Tempe Town Lake this Saturday, Dec. 9.

9 hours ago

Bitcoin scam...

KTAR.com

Arizona man charged with defrauding local physician out of $207,000

A federal grand jury returned an indictment against Fountain Hills man Jeremie Sowerby for wire fraud and transactional money laundering.

13 hours ago

Sponsored Articles

Follow @KTAR923...

The best ways to honor our heroes on Veterans Day and give back to the community

Veterans Day is fast approaching and there's no better way to support our veterans than to donate to the Military Assistance Mission.

Follow @KTAR923...

West Hunsaker at Morris Hall supports Make-A-Wish Foundation in Arizona

KTAR's Community Spotlight this month focuses on Morris Hall and its commitment to supporting the Make-A-Wish Foundation in Arizona.

...

DAY & NIGHT AIR CONDITIONING, HEATING AND PLUMBING

Importance of AC maintenance after Arizona’s excruciating heat wave

An air conditioning unit in Phoenix is vital to living a comfortable life inside, away from triple-digit heat.

Mill Avenue’s Shady Park loses legal battle over live music, says closure is possible