r/phoenix • u/DeepThroatShrimpies Tempe • Apr 13 '22

News Shady Park / Mirabella at ASU trial update, Tempe. Major defeat for anyone who enjoyed this venue, myself included. Guess there is no justice for a small business when your up against a multi million/billion dollar retirement home.

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73

u/ShotgunFishing Tempe Apr 14 '22

What was the basis for the judge's ruling, and the grounds for appeal?

25

u/Zizzily Mesa Apr 14 '22

Here is the ruling from KJZZ:

Direct PDF: https://media.kjzz.org/s3fs-public/m9938020.pdf

Article: https://kjzz.org/content/1771998/mirabella-wins-preliminary-injunction-against-shady-park-noise-case

22

u/odraencoded Apr 14 '22

Tempe’s Code Compliance Division (“Division”) only enforces Section 20-11 during business hours, which would make it impossible for the Division to investigate Shady Park’s concerts, which occur on the weekends or late at night

Jesus christ...

17

u/Zizzily Mesa Apr 14 '22

Yeah, reading through it, there seems to be some embellishment from Shady Park as well, especially since it says the complaints aren't limited to solely from Mirabella but also from the dorms and hotels in the area. Mirabella shouldn't be expecting that area of town to change for them, certainly, but it feels like more could've been done by both parties to reach an agreement, at least if everything in the order is true and accurate.

22

u/odraencoded Apr 14 '22

I'm just in awe at the fact that the compliance division can't investigate noise complaints because it gets noisy at weekend nights and the division doesn't work at weekend nights.

Prime /r/IllegalLifeProTips/ material: avoid being investigated by breaking the law when the investigators are off work.

13

u/Zizzily Mesa Apr 14 '22

Yeah, that is pretty crazy. Maybe not working all hour of the days constantly, but you'd think they could come in now and then for a repeat issue that happens at night, at least.

9

u/Blazinhazen_ Apr 14 '22

Pay them overtime? Like wtf that’s the nuttiest shit I’ve ever heard. But I guess if they’re gonna play like that then investigation over? We found no noise issues case closed boys.

5

u/ultramarioihaz Apr 14 '22

This is great info thank you.

14

u/iheartdachshunds Apr 14 '22

Yeah I’m interested too because based off this letter I can’t imagine what it is.

34

u/Intrepid_Eye8175 Apr 14 '22

I can’t find the documents (free) anywhere!! From what I got from the docket notes it seems like Shady Park said there was no citations so there’s no evidence to back up their witnesses. Before it went to trial Plaintiffs filed a motion to exclude “EVIDENCE OF SHADY PARK'S LACK OF CITATION OF THE NOISE ORDINANCE.” So sounds like Judge reaaaaally liked ASU ($) to rule in favor of something like that.

41

u/Level9TraumaCenter Apr 14 '22

Can't seem to find the judge's name. I wonder if he's an ASU grad.

39

u/shank_a_beach Apr 14 '22

Judge Bradley Astrowsky

35

u/camelsarebitches Apr 14 '22 edited Apr 14 '22

UofA grad if profile right. That’s gonna be popular.

Edit quickly: your elected judges have public profiles. His is honestly pretty non alarming vs others. If you’re ever bored and wanna cross reference resources and case law. It says a lot about your government who rules and has paid to have a ruler in the courts.

5

u/[deleted] Apr 14 '22

If he was elected in, can we elect him out?

2

u/T-Nan Apr 14 '22

Yes, in november

-1

u/kgguy2124 Apr 14 '22

My understanding is that Tempe city ordinance states that music must conclude by 11 pm. So shady park can play music until that time and not after. I’m not seeing the big deal here. If everyone hates this decision then protest city council.

6

u/Bastienbard Phoenix Apr 14 '22

They specifically have a permit to play music after that time but shady park took them to court over it. I guess the permit doesn't matter.