Complaint for declaratory and injunctive relief
Read: Complaint for declaratory and injunctive relief
Nature of the Action
1. This action seeks to abate, prevent, and perpetually enjoin unlawful noise pollution to be emitted by an outdoor concert venue called the “Sunset Amphitheater” (hereafter “Venue”). The Venue, which is currently under construction, is owned and operated by Defendants Notes Live, Inc. and Notes Live Real Estate and Development LLC (collectively “Notes Live”). Notes Live has admitted that the Venue will emit noise pollution in violation of Colorado law. Defendant City of Colorado Springs (“City”) maintains a noise ordinance that allows for noise “hardship permits,” but such permits are prohibited by Colorado law. Worse, City officials have established a behind-the-scenes policy of granting “blanket hardship permits” to the Venue on an annual basis, which also is illegal. Plaintiffs bring this Complaint requesting declaratory and injunctive relief against Notes Live to abate, prevent, and perpetually enjoin the Venue’s construction and operation, unless Notes Live can demonstrate compliance with Colorado’s law against noise pollution. Plaintiffs also request declaratory and injunctive relief against the City, declaring the “hardship permit” provisions of the City’s noise ordinance to be illegal and enjoining the City’s policy of issuing “blanket hardship permits” to the Venue now and in the future.
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