Shady Park wins appeal against ASU retirement community over noise
TEMPE, Ariz. - Popular Tempe restaurant and music venue Shady Park has won an appeal against a retirement community across the street, but the legal battle is far from over.
On Dec. 29, the Arizona Court of Appeals ruled in favor of the Mill Avenue business after Mirabella at ASU filed a lawsuit against the venue over what it called "excessive concert noise."
A judge ruled in favor of the retirement community back in April and ordered Shady Park to restrict the hours of its outdoor events on Fridays, Saturdays and Sundays.
As a result, Shady Park ended live music.
The business appealed the ruling and won on Thursday.
A full trial is set for the end of February over a permanent injunction it says Mirabella is seeking.
While it can now resume live music, the venue says it's considering the best way forward.
Continued Coverage
- City of Tempe sides with Shady Park amid legal battle with retirement home over noise
- Shady Park: Tempe music venue loses legal battle against retirement home over noise
Shady Park: Tempe music venue loses legal battle against retirement community
The restaurant and music venue in Tempe is now being forced to end live music earlier in the night, and turn down the volume, after a judge ruled in favor of a retirement community that complained about noise. FOX 10's Marissa Sarbak reports.