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Litigation Update from the FHGC Board:
Court Rules in Favor of the Gardens
As many are aware, our community, represented by the Board of Directors, sued the West Side Tennis Club (WSTC) last year because the WSTC allowed its tenant, Tiebreaker Productions, to dramatically increase the number of concerts, creating substantial disruption in our neighborhood. Tiebreaker has turned the stadium into a full-scale, commercial concert operation. The concerts cause continued violations of our private property rights and restrictive covenants which bind all Gardens residents, including the WSTC.
The Board is pleased to announce that on 4/22/24, the court agreed with the Garden’s position and ruled in our favor.
In the judge’s own words, “the noise level emanating from a concert, the vehicle and foot traffic, loitering and foul odors, before and after concerts are not encompassed in [the] expectations of living in an organized civil community.” The court order requires noise monitoring of the concerts by an independent noise monitoring organization and requires the WSTC to create and implement a plan to control trespassing on our private streets. Read the full court order here.
This court decision is designed to limit the nuisances created by the concerts and provide our residents with temporary relief as our broader case moves through the court system. It is just one step in what is expected to be a lengthy process.
As it has done for the last 100+ years, the Gardens Corporation remains steadfast in its mission to protect the private nature of our streets, uphold the strength of our restrictive covenants, ensure the residential character of our neighborhood, and protect the quality of life of our entire community.
The FHGC board will continue to keep you informed of key developments as they arise.
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