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State Supreme Lawsuit Over Downtown Noise Could Provide A Road Map To Resolve Issues

Gary Templin has long waged a war on what he considers unnecessary noise in downtown Jamestown that he says interferes with his use of the Fourth Street home he has spent considerable time and money renovating.

But the lawsuit Templin and his wife Donna recently filed in state Supreme Court is worth watching because the situation Templin is asking the court to resolve isn’t limited to a dispute between one neighbor and business owner in Jamestown. This is a situation that arises time and again throughout The Post-Journal’s readership area.

Restaurants have turned to music in recent years to entice more customers, and neighbors in the surrounding area raise complaints with local elected officials saying the noise is an issue. We note two Lakewood restaurants have had that issue raised consistently over the years.

What is the proper balance between offering customers what they seem to want and allowing a homeowner to enjoy peace and quiet in their own home?

Elected officials have struggled to find the proper balance for years. Downtown areas quiet enough for a church mouse often don’t have enough vitality to make owning a business viable. A schedule full of loud events and concerts downtown runs the risk of alienating people who have spent large sums of money on their homes and expect to be able to enjoy their space unencumbered.

That’s why the state Supreme Court case is so interesting. Legislative efforts to broker compromise often don’t satisfy all parties involved. We hope Judge Grace Hanlon is able to help find a common ground that can provide a road map for local governments to follow in future such cases.

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