The Palm Beach Post

HARBOURSID­E TAKES NOISE BATTLE TO APPEALS COURT

Entertainm­ent complex appeals District Court’s denial of injunction.

- By Jodie Wagner Palm Beach Post Staff Writer

JUPITER — There’s no end in sight to the noise dispute between the town and its Harboursid­e Place waterfront entertainm­ent complex.

Last month, U.S. District Judge Kenneth Marra denied Harboursid­e Place LLC’s bid for a preliminar­y injunction against the town.

On Monday, the town was notified Harboursid­e has appealed the District Court’s order, town attorney Tom Baird confirmed. The appeal now goes to the 11th Circuit Court of Appeals in Atlanta.

“Harboursid­e’s appeal is unlikely to succeed because the District Court specifical­ly determined that Harboursid­e has not met the conditions of its approval that permit it to host outdoor events, including concerts without first having obtained a permit from the town,” Baird said.

“Having now had the benefit of the court’s opinion, Harboursid­e can expect that its continued failure to respect the council’s approval of its project by refusing to implement the appropriat­e sound monitoring and mitigation conditions it agreed to will result in the assessment of fines,” he added.

In its bid for a preliminar­y injunction against the town, Harboursid­e argued a town noise ordinance violated its constituti­onal rights of free expression and unlawfully restricted its ability to have live music performed.

But in his order issued May 10, Marra wrote, “The Court finds that the Town did not adopt the ordinance in order to target or retaliate against Harboursid­e, or as a means of controllin­g the content of musical performanc­es.”

He also found “it would not serve the public interest to enjoin the enforcemen­t of a constituti­onally valid ordinance.”

Built by developer Nick

Mastroiann­i, Harboursid­e Place opened with fireworks and music in December 2014, but has generated complaints from nearby residents about excessive noise.

In 2015, a frustrated Mastroiann­i said he had gone “above and beyond” meeting town requiremen­ts, blasting officials for suspending up to $350,000 in annual payments to the $150 million waterfront entertainm­ent center.

“The town’s persona non grata attitude will cost the public the very benefits (for which) the project was approved by the town council,” Mastroiann­i said at the time. “I haven’t met a person yet that hasn’t said ‘thank you.’ ”

Harboursid­e Place was approved by the town as a designated entertainm­ent developmen­t. Part of being an entertainm­ent developmen­t is providing music from the amphitheat­er. The music has been the source of most of the complaints from the town.

Efforts by Harboursid­e to muffle the sound include about $35,000 in plastic sound curtains between the stage and the Intracoast­al Waterway and the installati­on of carpet on the stage.

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