Shady Park and Mirabella at ASU reached a settlement and requested their lawsuit be dismissed, the two announced in a joint statement Thursday. The agreement ends any pending litigation between them.
In the joint statement, Shady Park and Mirabella said Shady Park will be adding "sound-abatement measures" to the building to continue having concerts and reduce the levels of outside noise.
In November 2021, Mirabella at ASU, a senior living community on University Drive in downtown Tempe, filed suit against Shady Park, a bar and concert venue across the street, for high noise levels, following complaints from residents. Litigation and public discourse about the conflict has been ongoing since then.
Shady Park owner Scott Price said in the joint statement he is looking forward to hosting concerts again.
"This resolution allows us to once again host proper live music events while addressing our neighbors' concerns," Price said in the statement.
Shady Park will also be working with the city of Tempe to acquire the building permits to make these changes. In October 2022, nearly a year after the lawsuit was filed, the city of Tempe filed an amicus brief in defense of Shady Park.
"The city looks forward to continuing to work with the parties as the matter between them is resolved," a statement from the city of Tempe said. "Tempe is committed to actively contributing to a resolution that restores a healthy vibrancy with a mix of uses within the downtown community."
The reaction to the tweet announcing the request to dismiss the lawsuit was generally positive, with people celebrating the return of live music to the bar.
In the statement, Mirabella Executive Director Tom Dorough said the resolution was a "win-win" and a "great result" for Tempe.
"This agreement will keep the music going for Shady Park's fans while letting surrounding residents get a good night's sleep," Dorough said in the statement.
In a statement, ASU said it looks forward to working with students who occupy Shady Park and residents of Mirabella.
"We are pleased that the residents of Mirabella and the owners of Shady Park were able to come to a resolution, and we look forward to continued engagement between Mirabella residents and ASU students," a University spokesperson said.
Edited by Piper Hansen, Greta Forslund and Grace Copperthite.
Shane Brennan is the Editor-in-Chief at The State Press. He was a sports and politics reporter, before becoming the editor of the politics desk. He has covered local and state politics for the Arizona Capitol Times and Cronkite News.