The plaintiff, a condominium resident, sought statutory and tort-based injunctive and declaratory relief against the defendant, an underground venue operating in his building.
The plaintiff alleged the venue was operating as an unlicensed nightclub, causing severe noise and vibrations constituting a nuisance.
The court found that the defendant was indeed operating as an "entertainment establishment/nightclub" without the proper license, based on its functional activities (e.g., providing dance facilities, minimal seating, ancillary food sales) despite being licensed as an "eating or drinking establishment." The court granted a declaration to this effect and issued both a statutory injunction requiring the defendant to cease operations in contravention of its licensing status, and an interim/interlocutory injunction based in tort, prohibiting the emission of sound audible beyond the lot limit between 10:00 p.m. and 9:00 a.m.
