Judge Rules On Madison Beach Hotel Lawsuit: Report

MADISON, CT — The popular Grassy Strip Summer Concert Series put on by the Madison Beach Hotel must end, a Superior Court Judge has ruled, the Madison Source reports. The concerts were held on a small piece of town-owned land but a group of residents filed suit over noise and quality of life concerns.

The hotel can still hold its outdoor movie series and outdoor wedding events, the Source reports. The first lawsuit dates back to 2015. The town was also a defendant in the case and First Selectman Tom Banisch told the Source he's disappointed in the ruling.

In the court ruling it states, "Plaintiffs are entitled to injunctive relief. The evidence at trial established that the loud noise from the amplified music at the concerts deprives plaintiffs of the quiet enjoyment of their property. Most of the plaintiffs cannot be outside during the concerts due to the noise. One plaintiff, who resides in especially close proximity to the Hotel, is forced to leave her home on concert nights.

Plaintiffs reside in a residential neighborhood, and they are entitled to live on their property and enjoy its use without being aggravated and distressed by loud music caused by the Hotel's violation of the zoning regulations. It is irrelevant that many people in Madison are not upset by the loud music, or even enjoy it. The property rights at issue are not subject to forfeiture, even for twenty hours per year, merely because most of the citizens would enjoy the music produced by the Hotel's commercial venture. The harm from allowing the concerts to go forward is imminent and substantial and irreparable in the absence of an injunction. There is no adequate remedy at law," the ruling states.

>>>Read More at the Madison Source.

Patch correspondent Jack Kramer contributed to this story.