A Maricopa County Superior Court judge has ordered a restaurant in Tempe to end live music earlier at night and to cap the volume.
The preliminary injunction issued was sought by a high-rise retirement complex built on Arizona State University's campus near Mill Avenue and University Drive.
Judge Bradley Astrowsky wrote that Mirabella at ASU can likely prove allegations that the mostly electronic dance music pumping out of Shady Park is a nuisance.
Astrowsky rejected a defense argument that this is a “get off my lawn” case. He cited testimony that those living in the apartments for people over age 62 are not the only neighbors bothered by live music from Shady Park.
Astrowsky also wrote that Tempe favors Shady Park over Mirabella and the city lacks desire to enforce its own noise code against Shady Park.
“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.
A lawyer for Shady Park said his client will appeal.
ASU released an official statement on Wednesday about the ruling:
“We appreciate and respect the Maricopa County Superior Court’s time and decision in favor of Mirabella at ASU and its residents. This ruling provides relief to Mirabella residents and the surrounding community who have been harmed by Shady Park’s excessive noise.”
