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Latest in legal battle over music at Harbourside Place goes in town of Jupiter's favor

Posted at 9:08 AM, May 11, 2018
and last updated 2018-05-11 20:12:21-04

The Town of Jupiter has received a big victory when it comes to its ongoing legal battle over music at Harbourside Place.

The dispute between Harbourside and the town started when residents living at Water's Edge, directly across the Intracoastal from Harbourside, started complaining about the noise level coming from Harbourside's amphitheater. 

"Harbourside is a beautiful place and they do a great job, but the music thing is a problem for everybody and I’m sure they’re trying to find a solution," said Bill Cohen, of Jupiter.

According to court documents, the town and Harbourside tried to solve the issue, but in 2016 the town ultimately adopted a new noise ordinance. Harbourside argued the noise ordinance violated its constitutional rights.

However, on Thursday, a judge denied the development's request for a preliminary injunction and ruled in favor of the town of Jupiter.

The court said Jupiter didn't adopt the ordinance to retaliate or target Harbourside.

In order for Harbourside to host musical performances in its amphitheater as the lawsuit is pending, the judge said it will have to install recommended sound mitigation tools and attenuation strategies.

"I’m sure that they can devise a way so it’s not floating over there especially when the wind is not blowing that way," said Ellie Cohen, who lives in Jupiter.

"I feel like they should turn it down a little bit because they are playing for just Harbourside," said Alicia Militello, who works in the area. "They’re not playing for anybody else, so they should turn it down a little bit."

The HOA president for Water's Edge Estates said this is a good first step and will hopefully provide some relief while the people living just hundreds of feet away from the amphitheater wait for the final ruling.

"I feel for them because they’ve been living here for a long time and it’s their home," Bill Cohen said.

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