The two parties reached an agreement allowing live music to resume at the bar, restaurant, and music venue after it implements “enhanced sound-abatement measures” that reduce the impact of noise on its neighbors, according to a statement released on Thursday.
As a result of the agreement, Shady Park and Mirabella at ASU will move to dismiss the current lawsuit the senior-living community filed in 2021.
The statement offered comments from both parties regarding the agreement, including Shady Park owner Scott Price.
"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,” Price stated. “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.”
Tom Dorough, the executive director for Mirabella at ASU, called the agreement a “win-win” for both parties in the joint statement.
“Our goal was a solution that worked for both parties,” Dorough stated. “This agreement will keep the music going for Shady Park's fans while letting surrounding residents get a good night's sleep."
The statement did not specify what the additional sound mitigation measures would entail but said that Shady Park will work with the city of Tempe “as expeditiously as possible” to secure permits to install them. Additional terms of the settlement were also not disclosed.
No timetable has been given for the resumption of shows at Shady Park.
A sign near the entrance of Shady Park in Tempe with Mirabella at ASU located in the background.
Benjamin Leatherman
Unhappy Neighbors
The settlement brings the long-running (and often drama-filled) battle between Shady Park and Mirabella over noise complaints to a conclusion. The spat dates back more than 21 months to June 2021 after residents of the 20-story "intergenerational community," which had opened across the street the previous year, complained about the volume of electronic dance music shows at the venue.Shady Park has become an EDM hotspot since its opening in 2015, hosting DJ sets on its open-air back patio almost every weekend.
In response to the complaints by Mirabella residents, Price installed step-pyramid roofing and other sound-reducing measures in hopes of “[making their] neighbors happy.” However, the improvements didn’t resolve the issue, and Mirabella at ASU filed its lawsuit in November 2021.
In April 2022, Maricopa County Superior Court Judge Brad Astrowsky ruled in Mirabella's favor and imposed stringent noise restrictions on Shady Park. The ruling caused Price to pull the plug on shows at Shady Park and inspired fans of the venue to stage protests outside of the senior-living community.
In December 2022, Shady Park scored a victory when the Arizona Court of Appeals reversed Astrowsky’s ruling and sent the case back to Maricopa County Superior Court for reconsideration.
