After four hours of testimony Wednesday afternoon, June 10, the hearing on an preliminary injunction to stop Oakwood Resorts from having bands perform on its patio area will be continued Wednesday, June 24. David Bailey, attorney for Dr. Rex Parent, owner of Oakwood, told the court he had some affidavits and sections of depositions he wanted read into the record. There was also a question of getting a sound engineer to actually measure the noise levels coming from Oakwood.

In his opening statement, Rob MacGill, attorney for the plaintiffs, outlined the problems the homeowners have had since 2013 when Oakwood’s restaurant began to have live outdoor music. He provided Circuit Court Judge Michael Reed with a map of the area and explained how several of the plaintiffs attempted to come to a resolution with Oakwood about the band noise. He also reviewed case law.

David Bailey, attorney for Parent, noted there have been no qualified measurements made of the noise coming across Conklin Bay from Oakwood. He told Reed what happened in 2013 and 2014 should not apply to what is happening in 2015. He noted the bands performing this summer are smaller in size and several of them are acoustic in nature.

Two major concerns Bailey brought before Reed regarded people who have contracted to use specific venues at Oakwood. The first concern was customers who had a contract with Oakwood for events such as weddings, rehearsal dinners, class reunions and more. “They have choices where to have their wedding (at Oakwood), one may be it’s the only space available or two it’s where they want to have their wedding,” Bailey said.

The second concern was about Bennington Boats renting the entire resort for a week to bring in its worldwide dealers and highlight its products. Bennington Boats typically has a DJ perform on the patio during this week with music stopping at 10 p.m. Should this revenue be lost, it would be very difficult for Oakwood to recoup it.

Bailey noted most of the testimony would be subjective as no objective testing of the noise had been done by a sound engineer prior to the hearing.

Homeowners Dan Harstine, Andy Mohr and Donna Boehm all testified for the plaintiffs. Each testified as to the layout of their porches and decks, as well as indoor living areas in regards to the lake and proximity to Oakwood.

The homeowners also testified as to how the noise in 2013 and 2014 bothered them, saying sleep, reading, watching TV and entertaining was essentially impossible weekend evenings. Bailey objected several times stating what happened in the past had nothing to do with the current situation. The plaintiffs also testified they contacted Oakwood management, Koscuisko County Sheriff’s Department, Syracuse Police Department and the Syracuse Town Council, but nothing was done.

Syracuse Police Capt. Cal Kline, Parent, Tamra Henry, general manager for Oakwood; Aaron Smith, restaurant manager for Oakwod and Rick Gibson, director of food and beverage for Oakwood all testified for the defense.

Kline testified he drove down George Street while off duty a Saturday night last summer and could not hear any sounds coming from Oakwood. When questioned by MacGill as to where he stopped on the street, he stated between Mohr’s and Boehm’s homes.

Parent provided his personal history with Lake Wawasee and how he came to purchase Oakwood. “Prior to that it was a bankrupt Methodist facility,” he said. MacGill attempted to question Parent on something in an exhibit book, but after objections from Bailey ended his questioning.

Henry testified as to what solutions she attempted to accommodate the plaintiffs, and how losing Bennington Boats as a customer would affect Oakwood.

Smith and Gibson both provided their work experience in the restaurant industry. Last Saturday both men drove over to George Street to see if they could hear the band playing. Smith actually got out of the car to listen, neither man could hear anything coming from Oakwood.