Court’s Dismissal Orders and Association’s Appeal

District court orders dismissing claims against Notes Live and claims against the City, entered January 10, 2024.

Northside Neighbors Association Notice of Appeal, filed January 12, 2024.

• From Section 2(A) of the Notice: General statement of the nature of the controversy: This action arises under the citizen-suit provision of Colorado’s noise pollution law, C.R.S. §§ 25-12-101 to -110 (“NPL”). The NPL sets statewide standards against excessive noise in residential zones and authorizes any state resident to “maintain an action in equity” to “abate,” “prevent,” and “perpetually enjoin” a source of unlawful noise pollution. Id. § 25-12-104. In June 2024, Defendant Notes Live, Inc., a for-profit corporation engaged in the business of “building music venues across the nation,” will open a permanent 8,000-seat outdoor music venue in the middle of a dense residential area on the northside of Colorado Springs. Notes Live’s own noise study, commissioned before this litigation began, confirms that nearby residents will experience noise at more than 100 times the level that state law allows. Plaintiffs filed suit under the NPL to enjoin the venue’s operation. The District Court dismissed all of Plaintiffs’ claims, relying on a provision of the NPL that exempts a “use of property” by public entities, “nonprofit corporations,” or their “permittees” for cultural and entertainment “events,” including concerts. C.R.S. § 25-12-103(11). Defendants argue, and the District Court agreed, that this provision allows the City of Colorado Springs to grant “blanket permits” in perpetuity to Notes Live’s permanent, for-profit concert venue—a conclusion at odds with both the statutory language and the Legislature’s intent. Despite this ruling on the merits, the District Court also found it lacked subject matter jurisdiction over the case.

• From Section 3 of the Notice: Advisory listing of issues to be raised on appeal

  1. Whether the NPL’s exemption for public and nonprofit events allows a for-profit business to operate a permanent concert venue that will—by its own admission—violate state noise-pollution standards for neighboring residents.

  2. Whether the City of Colorado Springs’ promise to grant “blanket permits” to a permanent, for-profit noise polluter is preempted by the NPL and thus invalid.

  3. Whether the District Court erred in finding that Plaintiffs’ claims are, simultaneously, too early (not ripe) and too late (under C.R.C.P. 106), even though the claims arise under an independent statutory cause of action that specifically empowers state residents to sue to “prevent” and “enjoin” unlawful noise pollution.