A district court judge has dismissed a lawsuit brought on by Colorado Springs residents to stop the development of a new amphitheater on the north side of the city.
The Northside Neighbors Association’s lawsuit claimed the Sunset Amphitheater would make too much noise and that the city wasn’t legally allowed to grant permits for concerts that would exceed statewide noise ordinances. Judge David Lee Shakes of the 4th Judicial District dismissed the lawsuit for several reasons.
For one, a complaint should have been filed within 28 days of city council approving the development plan from Notes Live. Instead, the neighborhood association filed the lawsuit more than seven months after approval.
When it comes to the noise concerns outlined in the suit, the dismissal shows that the city can provide permits for concerts that exceed noise levels outlined in Colorado code.
The 8,000-seat amphitheater is more than halfway complete with plans to host about 50 concerts a year starting this summer.