Harbourside case moves to federal court; music back on for weekends


The lawsuit filed against Jupiter by Harbourside Place, charging that the town’s music requirements are a violation of the first and fourteenth amendments of the Constitution, is now in federal court.

The 34-page lawsuit was filed Jan. 5 in Palm Beach County Circuit Court. Jupiter made the request to move the case to federal jurisdiction, said Jupiter Town Attorney Tom Baird.

“Federal courts deal with federal cases all the time. It is a better forum to consider constitutional issues,” Baird said.

The next step is for U.S. District Judge Kenneth A. Marra to set a date for lawyers from both sides to meet. No date has been set, said Baird.

Meanwhile, weekend concerts are back in the amphitheater at the $150 million entertainment center on the northwest corner of Indiantown Road and U.S. 1. Acoustic concerts are allowed during Sunday green markets, but they must be acoustic only, said Baird.

The amphitheater has been the center of arguments, police calls, protests from residents, petitions from music supporters and the lawsuit since Harbourside Place opened in December, 2014.

Harbourside Place announced in a Jan. 18 full-page ad in The Palm Beach Post that it was suspending amphitheater performances because of the town’s actions limiting the events.

Officials said the outdoor music was allowed under its approval. Town officials countered that outdoor performances required special events permits, which they said Harbourside Place did not have.

Jupiter has granted Harbourside Place a special event permit to allow the music on weekends up until March 1 but it must comply with the town’s volume requirements, said Baird.

“We will continue to comply with the town’s regulations,” said Nick Mastroianni III, senior vice president of Allied Capital and Development, the builders of Harbourside Place.

After the lawsuit was filed, the two sides were ordered to mediation by Palm Beach County Circuit Judge Edward Artau. The certified mediator appointed by the judge is Rodney Romano, the former mayor of Lake Worth

The mediation sessions are continuing. Mediation is confidential, said Baird.

Mastroianni said the two sides are making progress.

“Both sides want to reach a long-term solution,” said Mastroianni.

Staff Writer Jane Musgrave contributed to this story.



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