The Palm Beach Post

Harboursid­e outdoor-music trial delayed

- By Bill DiPaolo Palm Beach Post Staff Writer

JUPITER — Eight months after a federal court hearing on the constituti­onality of playing outdoor music at Harboursid­e Place, the trial has been delayed.

The trial was scheduled for May.

No new date was set by U.S. District Judge Kenneth A. Marra, who presided over three days of hearings in September in West Palm Beach.

Harboursid­e Place lawyers in September asked Marra to grant a temporary injunction to allow music to continue in the Harboursid­e Place amphitheat­er on the Intracoast­al Waterway.

Marra has not ruled on the injunction.

Meanwhile, outdoor music events are continuing at the $150 million entertainm­ent complex at the northwest corner of Indiantown Road and U.S. 1.

Jupiter contends that Harboursid­e Place’s developmen­t order requires an outdoor venue designatio­n for music in the amphitheat­er, town officials testified in September.

The town is allowing the music events without the designatio­n on the advise of its legal staff, said Town Attorney Thomas Baird.

“We we r e a d v i s e d n o t t o enforce the developmen­t order,” Baird said.

Harboursid­e Place officials contend the designatio­n was part of their approval.

“We remain hopeful the court will vindic ate our position,” said Harboursid­e Place attorney Mitchell Berger.

Built by developer Nick Mast ro i a nni, Harboursid­e Pl a c e has been controvers­ial since it opened with fireworks in December 2014.

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