{"article":{"id":242535,"heading":"Arts District Artist Wins Law Suit For All Artist's Rights - Wurstkuche Restaurant Looses","author":"J.A. Citizen","created":"2010-10-25 01:10:45","modified":"2010-10-25 20:31:53","last_modified":"Tue, 26 Oct 2010 03:31:53","article":"<!DOCTYPE html PUBLIC \"-\/\/W3C\/\/DTD HTML 4.0 Transitional\/\/EN\" \"http:\/\/www.w3.org\/TR\/REC-html40\/loose.dtd\">\n<html><body><p>L.A. Arts District Artist Wins Law Suit For All Artist's Rights <br>  <br>                       Wurstkuche Restaurant Looses <br><br>                                           J.A. Citizen Editorials <br><br>      A law suit filed in Los Angeles court against Joseph Pitruzzell, Tyler Wilson, and Wurstkuche  <br>  <br> Restaurant was ruled on this past week in favor of the plaintiff, David Goldner, the artist neighbor who  <br>  <br> filed the suit. The court ruling in case # LAM 10M07169 against Wurstkuche said: \"Nighttime  <br>  <br> operations causing excess noise constitutes private nuisance even if the use is permitted by  <br>  <br> city.\"   A ruling in David Goldner's favor. <br><br>     \"I told them from the start they were in the wrong but neither Joseph Pitruzzell or Tyler Wilson seemed  <br>  <br> to care how much they violated my rights...\" says artist David Goldner.  \"This is a legal Artist in  <br>  <br> Residence building and neither Joseph or Tyler have had one ounce of respect for the residential rights  <br>  <br> of me or anyone in this building since they took over the artist unit 808, right next to me and turned it into  <br>  <br> an illegal noisy commercial warehouse.  That's why we ended up in court.  This has nothing to do with  <br>  <br> their restaurant.  That is a separate building at 800 E. 3rd.  They think because their restaurant has  <br>  <br> been successful this last year, that they can do what they want and violate my personal rights every  <br>  <br> night.  This building is not part of their restaurant.  And now both the City of Los Angeles has agreed  <br>  <br> with me and the district courts have agreed with me, and both have told Wurstkuche they are wrong!\" <br><br>     David goes on... \"According to this court ruling I do have a right to live here in peace and they do have  <br>  <br> to stop being a \"nuisance\" after 10:00 pm.  But what has made this whole matter even worse is that  <br>  <br> Joseph and Tyler have treated me like I was the bad guy here when it's been them violating my rights all  <br>  <br> along, and they know it, or they sure as hell should know it now!  I fought back for my rights as well as  <br>  <br> for every artist that lives in the arts district.  They have been torturing me late into the night with their  <br>  <br> non-stop noise in unit 808 of this building!  No one should be forced to live next to this amount of  <br>  <br> constant ruckus! <br><br>  Wurstkuche's use of 808 E. 3rd St. has been an illegal use of that artist in residence unit from the start  <br>  <br> according to the City of Los Angeles who gave them an order to turn that unit, 808, back into an Artist in  <br>  <br> Residence.  An order that Tyler Wilson, Joseph Pitruzzell and Paul Solomon the building's owner have  <br>  <br> ignored far beyond the comply date, by the way.  And now the district court has ruled that I indeed do  <br>  <br> have the right to peace and quite at night too.  And according to that ruling, ...\"excess noise  <br>  <br> constitutes private nuisance even if the use is permitted by city.\"  Meaning they can not use the  <br>  <br> excuse that any kind of permit allows them to annoy me into the night after 10:00 pm!  It does not!  I and  <br>  <br> every artist living in the arts district have an excepted right to peace and quite after 10:00 pm.  This may  <br>  <br> be news to Joseph Pitruzzell, Tyler Wilson and maybe David Schneider and Paul Solomon too, but is not  <br>  <br> 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  <br>  <br> my 4th AIR in 25 years.  Wurstkuche has been here only 18 months!\" <br>  <br>      <br>  <br>     David hopes both the building and restaurant owners will now stop the noisy commercial activity after  <br>  <br> 10:00 pm.  Buy says if the owners of Wurstkuche fail to comply with the court ruling, he may seek a court  <br>  <br> ordered injunction to stop all commercial use of 808, and or graduate to a superior court law suit in order  <br>  <br> to make the financial penalty much steeper for what he says they are doing to his peace of mind by not  <br>  <br> allowing him to sleep at night and constantly waking him up. <br><br>     David Goldner is back in court October 26th with David Schneider of ADS THIRD, the current  <br>  <br> management for the AIR building at 808 to 820 E. 3rd St., owned by Paul Solomon of Linear City. <br><br> --J.A. Citizen<\/p>\n<\/body><\/html>\n","contact":"J.A.Citizen@hotmail.com","link":"http:\/\/www.angelfire.com\/electronic\/JACitizenEditorials\/WurstkucheRuling.html","address":"","phone":"","parent_id":0,"mime_type":"text\/plain","summary":"Court ruling in case # LAM 10M07169 against Wurstkuche Restaurant said: &quot;Nighttime \r\noperations causing excess noise constitutes private nuisance even if the use is permitted by \r\ncity.&quot;   A ruling in David Goldner's favor.","numcomment":0,"fileurl":"\/uploads\/","filesize":null,"article_url":"\/news\/2010\/10\/242535.php"},"attachments":[],"comments":[]}