Pickleball lawsuit sent back to District Court following appeal

Neighbors’ Lawsuit Against Noisy Rec Center Dismissed

Five neighbors of a noisy rec center in Lone Tree have had their lawsuit dismissed after a court ruled that they are likely prohibited from suing the government-owned facility for being a nuisance.

The neighbors had requested the closure of the pickleball courts at the Lone Tree Recreation Center due to noise levels reaching 62 decibels, causing stress and devaluing their properties. However, the court ruled in favor of the South Suburban Parks and Recreation District, stating that government entities are generally exempt from nuisance lawsuits.

Although the neighbors were seeking an injunction to address the noise issue, the court determined that their claims of property value decline constitute seeking monetary damages, making their lawsuit a tort case that cannot be brought against the government.

However, there is a possibility for the district’s immunity to be waived if it is found that they created a dangerous condition. The case has been remanded for further evaluation in this regard.

The neighbors were represented by attorney Tessa Carberry, while South Suburban’s lawyers were Nicholas Poppe and Timothy Walsh. Both sides have declined to comment on the court’s decision.

Read more from our partner, BusinessDen.

Get more business news by signing up for our Economy Now newsletter.