By Lynn Trimble | Phoenix New Times
The conflict between Tempe nightspot Shady Park and the nearby Mirabella at ASU senior housing development took a new twist recently amid a lawsuit aimed at forcing the popular eatery, bar, and music venue to turn down the volume of its concerts.
On November 5, a judge ruled against Mirabella at ASU, which filed a lawsuit against Shady Park on October 15, alleging that the venue’s noise levels are hurting both the real estate development and several of its residents who say loud music is interfering with their health and well-being. Five residents are also plaintiffs in that lawsuit.
The judge denied the plaintiffs’ request for a temporary restraining order that would have required Shady Park to stop hosting live music while the lawsuit moved forward. It’s the first salvo in what could be a protracted legal fight, as Shady Park works to stop efforts to change the way it presents concerts or stop those concerts altogether.
“You can’t move into a community and then want to change the face of the community,” says Shady Park owner Scott Price, who opened the venue in 2015.