By Ed Masley | Arizona Republic
Shady Park Tempe won its appeal Thursday in an ongoing dispute with Mirabella at Arizona State University, a 20-story senior living high-rise the university opened across the street from the popular EDM club while the venue was closed due to COVID-19 restrictions.
The Arizona Court of Appeals ruled in Shady Park’s favor, lifting a preliminary injunction handed down in April 2022 by Maricopa County Superior Court Judge Brad Astrowsky in a lawsuit filed by Mirabella and several residents against the club on East University Drive just off Mill Avenue.
In that lawsuit, Mirabella and five of its residents sued Shady Park, alleging nuisance claims and violation of Tempe’s noise ordinance.
Judge Astrowsky’s injunction forced the club to cease all live music immediately, as the mandated restrictions on time and decibels made it impossible for the venue to host live music, although it did stay open as a bar and restaurant.
Appeals court vacates injunction based on First Amendment
The appeals court ruling lists four grounds on which the venue asked the court to vacate the injunction:
- It was overbroad and violates Shady Park’s First Amendment rights.
- It violated principles of separation of powers and deference to other branches of government.
- It contained legally flawed and unworkable enforcement mechanisms.
- It improperly sought to remedy harms compensable by monetary damages.
