Madison 1st Selectman Weighs in On Ruling Ending Music Series

MADISON, CT — Madison First Selectman Tom Banisch said now that a judge has ruled that the popular Grassy Strip Summer Concert Series put on by the Madison Beach Hotel must end he know what he has to do.

Call his lawyer(s).

Asked how the town would react to the decision by Judge Steven Ecker, Banisch said: “I won’t know until I consult with our attorneys what our options are.”

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

The first lawsuit dates back to 2015.

In the court ruling it states,

"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