BAR SUIT NOW AT BAR OF JUSTICE — Volusia County Circuit Judge Michael Orfinger, behind the bench, presides over the June 14 hearing on a request by neighbors for an injunction to end or limit the noise coming from outdoor entertainment at the City Limits Taproom and Grille, north of DeLand.
Following the end of a lengthy hearing on property rights in conflict north of DeLand, Volusia County Circuit Judge Michael Orfinger said he will hand down an order in the case, but he did not say when.
The two sides argued in court June 14, concluding a hearing that began June 10. Neighbors living near the City Limits Taproom and Grille filed a lawsuit against the business, claiming the noise, especially on weekend nights, from the outdoor entertainment emanating from the bar and its outdoor venue deprives them of their right to quiet enjoyment of their lives and homes. The City Limits owners, Peter Ferrentino and his wife, Paula Outzen, say they have moderated the sound levels and they stop the music at 11 p.m.
Many of the neighbors are Hasidic Jews, who say the noise from the bar’s premises disrupts their observance of the Sabbath, namely the time set aside between Friday sunset to Saturday sunset for rest, prayer, worship and meditation. They also say the noise of vehicles leaving late at night contributes to the disturbance.
The plaintiffs in the civil action asked the court for “a preliminary and permanent nuisance activities.” The request for the injunctions is part of a 119-point lawsuit filed by six individuals and a nonprofit group known as Neighbors Against Pollution Inc., against City Limits, located at 4425 North U.S. Highway 17, temporary injunction to halt or restrict the activities allegedly causing the noise.
During the June 14 proceedings, Ferrentino testified that Volusia County Sheriff’s deputies have frequently come to his business in response to noise complaints.
“Did they ever tell you at all that you were too loud?” Tanner Andrews, attorney for Ferrentino, asked.
“No, sir,” Ferrentino responded.
Under questioning from Al Ford, attorney for the plaintiffs, Ferrentino said he had never been cited for breaking the county’s noise ordinance.
“You don’t dispute the fact that there is a noise issue?” Ford asked.
“My goal is to follow the rules,” Ferrentino answered. “There’s times when they [deputies] have come out there, and the music wasn’t even playing.”
Before adjourning the hearing, Judge Orfinger told Ford and his team that they had not called anyone now living in the neighborhood to testify about the effects of the bar’s operations and activities upon their lives.
“You have to have a plaintiff who says, ‘I have sustained this injury,’” Orfinger said. “One or two would be nice. That didn’t happen.”
When Judge Orfinger may rule on the request for an injunction against City Limits is not known.
