KVUE — A hotel on Sixth Street is suing a music venue, alleging that its hotel guests are bothered by music the company says is too loud, according to the court document obtained by KVUE.
Wesaus LLC, the company that oversees the Westin Austin at 310 E. Fifth St., filed the lawsuit against The Nook Amphitheater on December 22 for damages in excess of $1 million. Wesaus is also asking for an injunction to prevent the venue from disturbing its guests at night.
Wesaus claims in the lawsuit that the company spent in excess of $1 million "fortifying the building with additional window and drywall to prevent the intrusion of noise and the physical effect of low frequency sound waves."
The noise, which Wesaus say makes the rooms "virtually uninhabitable," prompted the company to speak with representatives of The Nook prior to the filing of the lawsuit. "The Nook, although periodically providing lip service to cooperation, has continuously refused to reduce the noise levels so as not to unreasonably impact (the Westin's) use of its property," the lawsuit states.
The Nook, which opened in 2011, is in a district where outdoor music venues are allowed by the city's law to play amplified music until 2 am.
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