ZK Results – Attorney Aaron Weiss Successfully Resolves Nuisance Lawsuit Between Local Craft Brewery and Neighbor
(Mercer County, PA) (August 2019). Zimmer Kunz attorney Aaron Weiss successfully defended a local craft brewery against a nuisance lawsuit filed by one of its neighbors. In August of 2019 the parties were able to reach an amicable settlement to resolve all outstanding issues.
Plaintiff initially filed suit against the brewery alleging it was creating a nuisance due to its hours of operation, noise, and service of alcoholic beverages. In response, the brewery explained that it complied with all applicable laws and ordinances; was a benefit to the community by employing residents, paying taxes, and providing a community gathering place; and plaintiff’s complaints were unfounded.
Despite denying all liability, the brewery sought to address the neighbor’s concerns so that both parties could co-exist peacefully as neighbors in the future. Accordingly, the brewery agreed to alter its hours for outdoor seating, limit the sound of food truck generators, and ask customers to try and avoid parking in front of plaintiff’s home. By making these voluntary and limited concessions, the plaintiff agreed to dismiss all claims without the necessity and expense of trial and without any monetary compensation to the plaintiff.
This case serves as a useful example of how breweries and residents can live next to one another and benefit the local community. As Pennsylvania’s alcohol laws continue to change and more craft breweries continue to open and thrive, it is important to consider alternative dispute resolution such as the voluntary settlement reached in this case.
Zimmer Kunz’s brewery and liquor law practice handles a wide variety of legal matters, including litigation for social host liability, premises liability, inadequate security, breaches of contract, etc. It also provides useful advice and education to assist with obtaining liquor licenses, complying with existing legislation, preparing contracts, and ensuring breweries are properly prepared for any legal issues that may arise. It is also a proud member of the Brewers of Pennsylvania.
Any inquiries regarding this practice area can be directed to attorney Aaron Weiss at 412-434-5421 or weiss@zklaw.com.
