Plaintiffs’ Motion for Preliminary Injunction

Read: Plaintiffs’ Motion for Interim Declaratory Relief and Preliminary Injunction (filed Oct. 6, 2023)

Defendants Notes Live, Inc. and Notes Live Real Estate and Development LLC (together “Notes Live”) are constructing an outdoor concert venue on Colorado Springs’ northside called “Sunset Amphitheater” (“Venue”). The Venue is being built in the middle of an existing residential area. Because of the proximity of some of these neighborhoods, Notes Live admitted in its development plan that “it will not be possible” for the Venue to comply with noise limits established by Colorado’s Noise Pollution Law, C.R.S. §§ 25-12-101 to -110 (“NPL”). Plaintiffs, a group of residents who live on the City’s northside, bring this motion seeking interim declaratory relief and a preliminary injunction against operation of the Venue.

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Notes Live’s Motion to Dismiss

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Complaint for declaratory and injunctive relief