Madison 1st Selectman Explains Options on End Of Music Series

MADISON, CT — Now that a judge has ruled that the popular Grassy Strip Summer Concert Series put on by the Madison Beach Hotel must end many in town are waiting to see what the town will do next.

According to First Selectman Tom Banisch - nothing.

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 fact that the concerts weren’t being held on hotel land was the key to the court ruling - which was that the concerts must stop.

Here is what Banisch had to say about what Madison can now do.

“I've discussed the decision with our attorneys and others.

“From what I understand, we actually prevailed on the matters that affected us.

“The only negative was the judge's decision that the Hotel can't hold concerts on the Grassy Strip anymore. For the Town, there are no next steps being contemplated.

“I think it's a shame that the entire Town is being deprived of what was a fun evening, but as the judge said, " 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...It is irrelevant that many people in Madison are not upset by the loud music, or even enjoy it,” Banisch said.

It appears the only one who can appeal the ruling is the hotel itself. Patch attempted to reach General Manager John Mathers for comment, but could not.

The hotel can still hold its outdoor movie series and outdoor wedding events, the judge’s ruling stated.

The first lawsuit dates back to 2015.

The court ruling, released last week, said:

"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.”

The court ruling states: “Nothing is changed by the fact that the music is performed and amplified from the property adjacent to the Hotel, or that some of the concertgoers listen to the show from the Grassy Strip. To begin with, the Hotel pays a fee to the Town of Madison for the right to use the Grassy Strip for the concerts; whether this is called a rental, a license, a use fee, or something else, the reality is that the Hotel annexes the Grassy Strip for a fee on concert night to facilitate ts commercial activity. The event itself is a Hotel
“The concert series is held by the Hotel as part of its business operations. It sponsors the concerts and pays for all expenses associated with the concerts (including marketing and advertising, entertainment, sound, lighting and staging production, transportation and valet services for concertgoers, security and traffic control, electricity, etc.).

“The Hotel also derives revenues from the patronage of hundreds of concertgoers who purchase food and beverages from the Hotel on concert night. With each concert, moreover, the Hotel also generates goodwill, and draws to its doorstep thousands of potential future customers for the Hotel's lodging, banquet, and other services. Whatever other interests may be served by the concert series (promoting town spirit, supporting arts and entertainment, and so forth), the event is a commercial activity which generates direct and indirect benefits for the Hotel as a business enterprise.‘’

The ruling goes on:

“Nothing is changed by the fact that the music is performed and amplified from the property adjacent to the Hotel, or that some of the concertgoers listen to the show from the Grassy Strip. To begin with, the Hotel pays a fee to the Town of Madison for the right to use the Grassy Strip for the concerts; whether this is called a rental, a license, a use fee, or something else, the reality is that the Hotel annexes the Grassy Strip for a fee on concert night to facilitate ts commercial activity.

“The event itself is a Hotel operation coordinated and run out of the Hotel. The Hotel pays a fee to use the Grassy Strip, thereby making the property part of its own operations for the duration of the event. Hundreds of customers watch and listen from the Hotel's porch and balconies. Concertgoers flow freely back and forth from the Grassy Strip to the Hotel itself, buying food and refreshments at the Hotel and then carrying those items back to the Grassy Strip. The flow of business between the Hotel and the temporarily Grassy Strip is not accidental or incidental -- it is an important part of the event. Even the electricity powering the lighting and amplified concert music is physically tied to the Hotel itself through a large cable running from the "showmobile" stage to an electrical box at the Hotel.‘’
To read the whole decision, click here:http://civilinquiry.jud.ct.gov/DocumentInquiry/DocumentInquiry.aspx?DocumentNo=14662882