As a result of the noise, Hanamitsu Hotel and Spa claimed that it refunded money to several of their guests who have complained of not being able to sleep because of the loud music and shouting coming from the disco’s premises.
Amy International Corp., operator of Hanamitsu Hotel and Space, and hotel general manager Zhang Huaying named as defendants WTT (USA) LLC, which owns Oceans Club & Discotheque; WTT owner Katsuryuma Kawagishi; Ocean Club’s consultant and part-time manager Rei Yamagishi; Ocean Club’s disco jockey and on-site manager Roderico Vicente; and 20 unnamed agents and employees of WTT.
Plaintiffs Amy International and Huaying are suing the defendants for private nuisance.
Saipan Tribune tried yesterday but failed to contact any of the defendants.
Plaintiffs Amy International and Huaying, through counsel Timothy H. Bellas, asked the Superior Court to issue a preliminary and permanent injunction preventing all defendants from causing excessive noise.
Amy International demanded unspecified damages from losses based on refunding of money to guests and for loss of business and future income.
The plaintiffs also sought payment for costs and attorney’s fees.
Bellas stated in the complaint that Amy International Corp. operates Hanamitsu Hotel and Spa in central part of Garapan.
Amy International subleased its space since 2007 and used it for other business activity.
Amy International commenced its hotel business in August 2010. Prior to that time, a sublessor remodeled the building which is subleased by Hanamitsu Hotel in order to make it suitable for a hotel business.
On Feb. 1, 2011, WTT (USA) LLC bought out the bar which was previously operating out of the commercial space on the second floor of the same building occupied by Hanamitsu Hotel.
The rooms rented to members of the public are located on the second floor of Hanamitsu Hotel.
Hanamitsu and WTT’s Oceans Club & Discotheque, therefore have walls which are in close proximity to each other, approximately 3 feet or less.
The hotel and its rooms are on one side and the business premises of Oceans Club are on the other side of an open space of approximately two feet.
Bellas said because of this close proximity, plaintiffs and the sublessor’s presentative had concerns when WTT first sought to lease the space next to the hotel.
Bellas said therefore a meeting was held between WTT’s manager Rei Yamagishi and sublessor’s representative.
Bellas said manager Yamagishi promised as part of the remodeling of Oceans Club’s premises that, at a minimum, soundproofing material would be placed under the tiles to be laid on the floor of the club.
However, the lawyer said, when the remodeling was completed, Yamagishi advised that no soundproofing material was used under the vinyl tiles.
Bellas said when WTT commenced its business operations, Ocean’s Club’s DJ and on-site manager Roderico Vicente and other unnamed co-defendants played the music in the club at a high volume until 2am.
“The volume of the music is so loud that it causes the common wall, on the hotel side to vibrate,” the lawyer said.
In addition to the noise from the interior of the club, Bellas said, a speaker has been installed on the second floor landing of the exterior staircase leading to the second floor and the front entrance of the club.
Unnamed defendants, Bellas said, would crank up the volume of the speaker to a very loud level.
Bellas said his clients have on several occasions summoned the Department of Public Safety complaining about the excessive noise coming from the club.
When employees of the club see the responding police officers approaching, they would lower the volume.
“Shortly after the officers leave the area, the music is again turned back to the disturbing volume,” Bellas said.
Almost a year after beginning the club’s operation, another meeting was held between the sublessor’s representative, Yamagishi, and WTT owner Katsuryuma Kawagishi.
At this meeting, Bellas said, Kawagishi and Yamagishi promised that either they would take soundproofing measures or they would be relocating their club operation to another location.
“After a year of noise problems and promises to take remedial action, Yamagishi recently told the sublessor’s representative that he does not intend any sound control measure because any promises to do so were only oral and therefore not enforceable,” Bellas said.
Frustrated by WTT’s continued interference with the peaceful enjoyment of plaintiffs’ property rights, plaintiffs wrote letters of complaints to the Division of Environmental Quality, the Zoning Board, and DPS.
By Ferdie de la Torre