LAS VEGAS — A lawsuit filed against the Sphere in October which says the company violated county noise ordinances will be allowed to continue in Clark County District Court.

District Court Judge Mary Kay Holthus last week denied a motion to dismiss the lawsuit from Sphere, The Venetian and Clark County, meaning the case will continue.

James Kay, the president of Lucky’s Two-Way Radios Inc. and manager of Lost Wages LLC, and a resident of the high-rise Park Towers on Hughes Center Drive, filed the lawsuit Oct. 28 against the operators of the Sphere and The Venetian, and Clark County for approving a waiver enabling the Sphere to exceed county sound limits 18 times a year.

In the complaint, Kay said the Sphere is violating his property rights with noise in excess of applicable sound standards after it began testing its system July 3 and 4.

Sphere officials initially said the sound level was too loud when first tested, but the level eventually was reduced in subsequent tests.

Under terms of a waiver approved by the county, the 17,500-seat entertainment venue can exceed county noise limits 18 times each year and must end sound presentations by midnight, except on New Year’s Eve. Sphere officials said they would cap the sound level at 87 decibels. Since initial approval, the number of times levels can be exceeded was reduced to 12 and the sound level would be capped at 85 decibels.

Clark County approved the sound ordinance waiver on Sept. 4 after a hearing before the Paradise Town Advisory Board on Aug. 13.

Kay attended the advisory board hearing and said the Sphere “ambushed” residents with its sound system. The town board eventually recommended approval of the waiver in a 3-1 vote.

When the lawsuit was first filed, representatives of The Venetian and the county did not respond to requests for comment, but a representative of the Sphere emailed a statement.

“Mr. Kay is a litigious individual who has a history of filing numerous lawsuits in different states covering everything from taxes to a refusal to grant him a weapons permit,” the Sphere’s statement said. “XO Audio (the Sphere’s sound system) operates in full compliance with Clark County regulations and with the support of Park Towers, where the plaintiff resides.”

The lawsuit seeks general, special, compensatory, incidental and punitive damages and attorney’s fees, all in excess of $15,000.

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