Penthouse owner backs off injunction, but still suing Pure Barre
The owners of a downtown Aspen penthouse have backed off their attempt to seek a court injunction that would have forced a neighboring fitness studio to turn down its workout music.
Chicago-based KN-Aspen Core LLC recently filed a notice saying that it has withdrawn its motion for a preliminary injunction, but it is still forging ahead with its claims that the Pure Barre studio’s tunes are disruptive and loud.
Those claims — private nuisance as well as vicarious liability against the Pure Barre franchisee — are reflected in an new, amended complaint KN-Aspen filed April 24 in Pitkin County District Court. The revised complaint came more than one month after KN-Aspen sought an injunction to stop the Pure Barre franchise from playing its “unreasonably loud and annoying music, noise and vibrations,” which it alleged compromised living in the penthouse.
The penthouse is located above the Pure Barre studio at 620 E. Hyman Ave.
KN-Aspen’s original complaint came around the time one of the tenants of what’s called the Tamarwood Penthouse had threatened to leave because of Pure Barre’s noise. The space had been advertised for $80,000 a month.
KN-Aspen, however, failed in its motion for a temporary restraining order to have the music lowered after Judge Denise Lynch found that an emergency did not exist to put such an order in place.
Additionally, Pure Barre attorney Chris Bryan argued in an April 19 motion that Pure Barre owner Jordan Bullock should not be a defendant in the case because she is a tenant. Instead, Bryan argued, the defendant should be landlord Frank Woods, who owns the space that Pure Barre leases.
Bryan’s motion also argued that the “sounds emitting from this space are perfectly reasonable — so reasonable, in fact, that the director of the Dept. of Environmental Health and Sustainability for the city of Aspen (CJ Oliver) is on record as saying that the sounds are substantially below the legal limit.”
An affidavit from Oliver also is part of Pure Barre’s defense, which includes a motion to dismiss the lawsuit. Oliver’s affidavit is under court seal.
Even with its efforts to get an injunction off the table, KN-Aspen Core still maintains that Pure Barre has ignored its request to lower the volume, “despite repeated advisements that the music, noise and vibrations were unreasonably and substantially interfering with the use and enjoyment of the Tamarwood Penthouse by KN_Aspen and its tenants/guests.”
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