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Arts District Artist Wins Law Suit For All Artist's Rights - Wurstkuche Restaurant Looses

by J.A. Citizen Monday, Oct. 25, 2010 at 1:10 AM

Court ruling in case # LAM 10M07169 against Wurstkuche Restaurant said: "Nighttime operations causing excess noise constitutes private nuisance even if the use is permitted by city." A ruling in David Goldner's favor.

L.A. Arts District Artist Wins Law Suit For All Artist's Rights

Wurstkuche Restaurant Looses

J.A. Citizen Editorials

A law suit filed in Los Angeles court against Joseph Pitruzzell, Tyler Wilson, and Wurstkuche

Restaurant was ruled on this past week in favor of the plaintiff, David Goldner, the artist neighbor who

filed the suit. The court ruling in case # LAM 10M07169 against Wurstkuche said: "Nighttime

operations causing excess noise constitutes private nuisance even if the use is permitted by

city." A ruling in David Goldner's favor.

"I told them from the start they were in the wrong but neither Joseph Pitruzzell or Tyler Wilson seemed

to care how much they violated my rights..." says artist David Goldner. "This is a legal Artist in

Residence building and neither Joseph or Tyler have had one ounce of respect for the residential rights

of me or anyone in this building since they took over the artist unit 808, right next to me and turned it into

an illegal noisy commercial warehouse. That's why we ended up in court. This has nothing to do with

their restaurant. That is a separate building at 800 E. 3rd. They think because their restaurant has

been successful this last year, that they can do what they want and violate my personal rights every

night. This building is not part of their restaurant. And now both the City of Los Angeles has agreed

with me and the district courts have agreed with me, and both have told Wurstkuche they are wrong!"

David goes on... "According to this court ruling I do have a right to live here in peace and they do have

to stop being a "nuisance" after 10:00 pm. But what has made this whole matter even worse is that

Joseph and Tyler have treated me like I was the bad guy here when it's been them violating my rights all

along, and they know it, or they sure as hell should know it now! I fought back for my rights as well as

for every artist that lives in the arts district. They have been torturing me late into the night with their

non-stop noise in unit 808 of this building! No one should be forced to live next to this amount of

constant ruckus!

Wurstkuche's use of 808 E. 3rd St. has been an illegal use of that artist in residence unit from the start

according to the City of Los Angeles who gave them an order to turn that unit, 808, back into an Artist in

Residence. An order that Tyler Wilson, Joseph Pitruzzell and Paul Solomon the building's owner have

ignored far beyond the comply date, by the way. And now the district court has ruled that I indeed do

have the right to peace and quite at night too. And according to that ruling, ..."excess noise

constitutes private nuisance even if the use is permitted by city." Meaning they can not use the

excuse that any kind of permit allows them to annoy me into the night after 10:00 pm! It does not! I and

every artist living in the arts district have an excepted right to peace and quite after 10:00 pm. This may

be news to Joseph Pitruzzell, Tyler Wilson and maybe David Schneider and Paul Solomon too, but is not

news to me. This is the way it's always been in the arts district in any AIR I have ever lived in and this is

my 4th AIR in 25 years. Wurstkuche has been here only 18 months!"

David hopes both the building and restaurant owners will now stop the noisy commercial activity after

10:00 pm. Buy says if the owners of Wurstkuche fail to comply with the court ruling, he may seek a court

ordered injunction to stop all commercial use of 808, and or graduate to a superior court law suit in order

to make the financial penalty much steeper for what he says they are doing to his peace of mind by not

allowing him to sleep at night and constantly waking him up.

David Goldner is back in court October 26th with David Schneider of ADS THIRD, the current

management for the AIR building at 808 to 820 E. 3rd St., owned by Paul Solomon of Linear City.

--J.A. Citizen

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