Shady Park club, downtown Tempe retirement high-rise settle noise dispute

Mar 31, 2023, 10:45 AM

(From left: Twitter Photo/Shady Park; Arizona State University Photo)...

(From left: Twitter Photo/Shady Park; Arizona State University Photo)

(From left: Twitter Photo/Shady Park; Arizona State University Photo)

PHOENIX – A downtown Tempe music venue and a nearby high-rise for senior living settled a legal dispute after a year of haggling.

Shady Park and Mirabella at ASU said Thursday in a joint statement terms were confidential, but they asked Maricopa County Superior Court to drop the lawsuit.

The club at Mill Avenue and University Drive said it will begin the process of enhancing sound abatement.

“We’ve always been committed to being good neighbors,” Shady Park owner Scott Price said in the announcement posted on social media.

“This resolution will allow us to to once again host proper live music events while addressing our neighbors’ concerns,” he said.

“We’re thrilled to find a win-win resolution … It’s a great result for the community and the city of Tempe,” Tom Dorough, executive director of Mirabella, said.

The wrangling began nearly a year ago, when Mirabella residents went to court over noise levels during concerts, generally held on weekends.

Shady Park resumed hosting music shows in May 2021 following the lifting of COVID-19 restrictions. The venue began hosting concerts in 2015.

Residents at Mirabella, which opened across the street in December 2020, filed suit last April, describing the sounds from Shady Park as “incessant” and “unrelenting” and often was loudest after 1 a.m., according to court documents.

A preliminary injunction curbed the hours of live music to Fridays and Saturdays from 7 p.m. to 11 p.m., and Sundays from 2 p.m. to 7 p.m. Decibel levels were also reduced.

Shady Park won an appeal, sending the case back to superior court, ABC15 reported in December 2022.

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Shady Park club, downtown Tempe retirement high-rise settle noise dispute