A preliminary injunction was granted against Oakwood Inn Friday barring it from holding concerts while the noise complaint trial against it proceeds.
In the case of Boehm et al. vs. Oakwood Resort, Judge Michael Reed granted the plaintiffs’ request for preliminary injunction while the case awaits a jury trial in Circuit Court at a future date. The injunction means Oakwood can not cause any source of noise, including music, in a manner that exceeds 55 dB-A and 65 dB-C.
The injunction is subject to the plaintiffs posting bond in the amount of $25,000 to compensate Oakwood for any damages. The Oakwood estimated that revenue loss due to the inability to host live bands would be $1,100 a night.
The court also granted Oakwood’s objection to the plaintiff’s supplemental designation of evidence filed July 29, meaning that evidence does not need to be exchanged further.
Reed then granted the defendant’s motion to strike the second designation of evidence filed Aug. 5 and denied the plaintiffs’ motion to strike the affidavit of Rob Russell. The plaintiffs were granted a motion to counter-designate testimony, meaning the parties will exchange the designation of deposition testimony before the trial.
So far in the case, the effect of the music on patrons of the Oakwood as well as the general public appears to be mixed.
Several Syracuse residents filed the noise complaint against Oakwood May 27 and are demanding a jury trial. The plaintiffs say the noise from the live outdoor music Oakwood hosts hinders their ability to enjoy their property on Lake Wawasee.
Plaintiffs in the case are: Donna Boehm; Daniel and Amanda Harstine; Stephen and Barbara Keller; Ned and Alma Freeman; Linda Hullet; Robert and Susan Kirkpatrick; Ronald Kull and Mary Stagaman; Lorna Mohr; Rosemary Reasner; and Karen Turner.
(Story By The Times Union)
