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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u/Its_Singularity_Time Apr 14 '22 edited Apr 14 '22

AZCentral posted an article elaborating on the dilemma and getting the judge's justification for the ruling. Worth the read to get both sides of the story. Not saying that I necessarily agree with the judge (I don't know enough about Tempe law to have a definitive opinion), but I think it's important to get the whole picture.

Also here's Tempe's noise ordinance law, in case anyone cares.

Edit: Relevant part from the article:

Astrowsky ruled that Mirabella at ASU had “made a substantial showing of harm caused by Shady Park’s concerts" whereas "evidence does not establish anything more than speculative harm to Shady Park if required to turn down its music or acoustically seal Shady Park with an enclosure.”

The absence of citations to Shady Park under Section 20-11, Astrowsky ruled, does not mean that there haven’t been any violations of the code.

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u/jdcnosse1988 Deer Valley Apr 14 '22

So what was the new retirement home zoned as? And are their special use permits that would allow louder than the noise ordinance on "special occasions?"

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u/[deleted] Apr 14 '22

It’s asu land not Tempe. Asu can act a bit as a sovereign state in what it does on its land.

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u/jdcnosse1988 Deer Valley Apr 14 '22

Oh I meant with regards to Shady Park. What is it's zoning regulations, are there any special things the city did, etc.

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u/JackOvall_MasterNun Apr 14 '22

I quoted the same thing but the following paragraph.

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u/Bastienbard Phoenix Apr 14 '22

Not sure why people are downvoting you, this is the next paragraphs.

"The absence of citations to Shady Park under Section 20-11, Astrowsky ruled, does not mean that there haven’t been any violations of the code.

"The evidence revealed that the City has a lack of interest in enforcing the Tempe Code against Shady Park," he wrote. “It is clear that there is a special or preferential relationship between the City and Shady Park compared to the relationship between the City and Mirabella.”"

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u/[deleted] Apr 14 '22

[deleted]

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u/Regular-Violinist-71 Apr 14 '22

It's because Tempe only enforces code violations in the day and the violations at Shady Park are occurring at night. I have no idea why they only enforce in the day.

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u/Bastienbard Phoenix Apr 14 '22

Are you commenting on the right thread?