Bradley Roe/KJZZ

Shady Park has been open in Tempe since 2015.

Popular Tempe restaurant and EDM club Shady Park has filed a motion to dismiss the lawsuit filed against them by Mirabella at ASU, a newly constructed retirement high-rise located across the street from the club.

The lawsuit cites “unnecessary and excessive noise” coming from Shady Park, but the city of Tempe informed the club earlier this month that both code-enforcement and police officers have investigated and found no noise ordinance violations.

David Leibowitz is a public relations consultant for Shady Park. 

“The police have continued to be called, and each time they come out, they don't find noise violations. Shady Park has never, I mean, I'll read a tear from the letter the city wrote: ‘To date, no violations have been issued against shady Park,’” said Leibowitz.

Leibowitz says the motion to dismiss also includes a body camera video from a police officer responding to a Mirabella resident’s complaint.

If the motion to dismiss fails, the case is set to come to trial in February.