A university-based continuing care retirement community in Arizona and a music venue located across the street have agreed to dismiss a lawsuit between them in a resolution that will see the concert club take steps to mitigate noise that was disturbing residents.
The dispute between Mirabella at ASU, on the campus of Arizona State University in Tempe, and Shady Park, which had been hosting concerts since 2015, began in mid-2021 when the bar began holding live shows again after a 14-month pause during the pandemic. Mirabella at ASU, a partnership between Pacific Retirement Services and the university, had opened during that pause, and residents complained about the club’s noise and hours of operation when the music started up again.
“We’re thrilled to find a win-win resolution,” Tom Dorough, executive director of Mirabella at ASU, said Thursday in a joint statement issued by the two entities. “Our goal was a solution that worked for both parties. This agreement will keep the music going for Shady Park’s fans while letting surrounding residents get a good night’s sleep. It’s a great result for the community and the City of Tempe.”
The dispute had led to the CCRC being blasted on social media and subjected to numerous one-star online reviews by those upset about the turn of events, who questioned the wisdom of locating a senior living community on an urban college campus. The retirement community sought a court order to restrict performances in late 2021 and won in April 2022. Tempe City Council, however, expressed unanimous “strong support” for the music venue as a “driver of a thriving arts and culture community.” When Shady Park appealed the court ruling, city officials filed a brief with the court supporting the music venue.
As part of the agreement announced Thursday, any pending litigation will be dropped, and Shady Park will implement enhanced sound-abatement measures at its venue “in a way that will both preserve the ability to host concerts while reducing the impact of noise on the surrounding community.”
In the joint statement, Shady Park owner Scott Price said: “We’ve always been committed to being good neighbors. This resolution will allow us to once again host proper live music events while addressing our neighbors’ concerns. We’re glad we were able to work with Mirabella to achieve this and look forward to welcoming everyone back to shows at Shady Park for years to come.”
The exact terms of the settlement terms are confidential, and Mirabella at ASU and Shady Park said they would not be providing additional statements or granting interviews to discuss it.
“Shady Park will now begin working with the City of Tempe as expeditiously as possible to acquire the needed building permits so that the additional sound mitigation measures can be implemented and live music can return,” the parties said.
