COLORADO SPRINGS, Colo. (KRDO) – This past week, the Colorado State Court of Appeals dismissed an appeal to a lawsuit that was filed in 2023 by residents who were upset at the prospect of noise levels coming from the Ford Amphitheater, formerly Sunset Amphitheater. In light of the failed appeal, residents, still upset, still want change ahead of next year’s concert season.
The “Northside Neighbors Association” who appealed the dismissal of the 2023 lawsuit, argued that the development plan and hardship permit granted by the City of Colorado Springs towards VENU Inc., who operates the amphitheater, wrongly gives them the ability to exceed noise levels permitted by the City’s regular sound ordinance, which should follow state sound ordinance guidelines of 50 decibels from the hours of 7 a.m. to 7 p.m.
In the words of the law firm representing the Northside Neighbors, the court made their ruling based on the fact that, “because there was not yet concert noise or a hardship permit at the time the appeal was filed in January 2024, the controversy was not yet ripe for judicial determination.” adding that, “The Court acknowledged that facts have since changed and left the door open for refiling the case.”