The music outside the Labyrinth Press Company and Brazil Lounge will play on.

A lawsuit filed by downtown residents Gary and Donna Templin against the two restaurants has been dismissed by state Supreme Court Judge Grace Hanlon. Hanlon issued her decision Oct. 23.

The Templins, who have long said events downtown make it difficult for them to enjoy their property, had been asking state Supreme Court in Mayville stop Labyrinth and Brazil from playing any music in the outdoor area that creates a nuisance and to find the restaurants’ actions intentional when they refuse to turn down their music. The Templins were also asking the court to award costs and attorneys fees.

Andrew Goodell, the lawyer representing the restaurants, argued in his Memorandum of Law filing on Aug. 8 that Labyrinth hasn’t violated the terms of its special event application approved earlier this year by the City Council’s Public Safety Committee and has yet to be cited for violating either the permit or the city noise ordinance. Goodell also noted affidavits with several neighbors – including the Rev. Luke Fodor of St. Luke’s Episcopal Church; John Barber, vice president of operations and chief operating officer of the Jamestown YMCA, which operates 24 apartments in the neighborhood; and Nina Bell, owner of an Airbnb that operates directly above the Labyrinth Press Company and Brazil Lounge – saying they haven’t been impacted by the live music.

“Labyrinth Press and Brazil Lounge respectfully request that the court deny the plaintiffs’ request for a preliminary injunction and grant the defendant’s motion for summary judgment to dismiss the complaint,” Goodell wrote. “In addition, the defendant respectfully requests the court to issue an injunction preventing the defendants from confronting any employees, staff or customers of Labyrinth Press or Brazil Lounge or trespassing upon the private property and/or utilized by Labyrinth Press and Brazil Lounge.”

Attorney Lori Thierfeldt, representing the Templins,argues the Templins’ had seen an increase in loitering, obscene language, vandalism or property since the outdoor music began and have been harassed by Labyrinth and Brazil employees as the disagreements between the groups have escalated. She wrote in her Memorandum of Law opposing Goodell’s motion for summary judgment that Fourth Street should be treated more as a neighborhood street after 5 p.m. than a downtown area during the business day since Labyrinth and Brazil are two of the only businesses open during the evening on their block of the street and that a preliminary injunction ending the music should be granted because the businesses were incorporated to sell food and drinks, not provide live music. She argues the businesses haven’t shown they sell more food or drink because live music is offered.

“Defendants have failed to support their allegations that their outdoor music is not a nuisance with evidence other than affidavits; they have not submitted any studies of noise levels in the immediate area or traffic studies on which they rely in their argument for summary judgment,” Thierfeldt wrote. “Defendants rely solely on affidavits of non-residents and argue that plaintiffs are not suffering from the nuisance simply because other non-residents have no issues with noise levels. None of the affiants who allege the music is kept at reasonable levels reside in that block of housing, therefore, summary judgment is not proper.”

Hanlon ruled after briefs were filed by both attorneys and after an oral argument on Aug. 21. In addition to denying the Templins’ request for an injunction stopping the concerts, Hanlon ruled counterclaims by the restaurants were also denied. Goodell had requested an injunction stopping the Templins from confronting any Labyrinth and Brazil employees, staff or customers regarding outdoor entertainment or trespassing on private property used by the restaurants.