Thorsen v. Saber

The private residence of James Thorsen and a bar operated by Tamer Saber, d/b/a Hookahmeup are located in adjoining buildings in a commercial zoning district in downtown Columbus, Georgia. Thorsen brought suit against Saber for injunctive relief, alleging that the emission of amplified music from the bar constituted a public and private nuisance, disturbing the sleep of Thorsen and his wife and preventing the quiet enjoyment of their home. The trial court entered a temporary restraining order and scheduled a hearing. Thereafter, Saber filed an answer and an evidentiary hearing was held. Based upon a joint letter from the parties’ attorneys, the trial court then postponed the due date of previously ordered briefs to give the parties time to schedule experts to conduct testing and determine if there is a sound configuration agreeable to both parties. After that study and further submissions, the trial court entered an order prohibiting the emission of amplified sound from Saber’s place of business in excess of 105 decibels on a c-weighted scale and further restricting the placement of speakers within the bar. Thorsen appeals from that order.

1. Thorsen contends that the trial court’s order violates the Columbus Code of Ordinances by allowing Saber to emit amplified sound in excess of that which is specified therein and in the absence of permission from the Chief of Police.