Mirabella wins Initial ruling against Shady Park in noise case

A Maricopa County Superior Court judge has ordered a restaurant in Tempe to end live music earlier at night and to cover the volume.

The opening injunction issued was sought by a high-rise retirement complex built on ASU’s campus.

Judge Bradley Astrowsky wrote that Mirabella at ASU can likely prove claims that the mostly electronic dance music pumping out of Shady Park is trouble.

Astrowsky rejected a defense argument that this is a “get off my lawn” case. He quoted 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.

A lawyer for Shady Park said his client will appeal.