Lawsuit: Lone Tree pickleball courts causing ‘unbearable conditions’

DENVER (KDVR) — The city of Lone Tree is being sued for the noise created by pickleball players at its recreational center courts, according to a lawsuit filed Thursday in Douglas County.

The suit, brought by five Lone Tree residents, alleges that the noise has exceeded “all reasonable standards” and is depriving them of “quiet enjoyment of their homes and outdoor spaces.” The lawsuit also alleges that the city is refusing to close the courts.

“Meanwhile, the nuisance level noise rages on daily with the pickleball striking the paddles every two seconds up to thirteen plus hours a day,” the suit states. The group is alleging that they’ve demanded the courts be closed for the past seven months.

Pickleball, a sport inspired by badminton and tennis, started gaining popularity in recent years and is beloved by its players. Last year, groups fought over pickleball courts at Congress Park in Denver and in Centennial , but courts have continued popping up around the metro area.

According to South Suburban Parks and Recreation, which includes the Lone Tree Recreation Center, the facility includes six outdoor pickleball courts that are open from 8 a.m. to 9 p.m. every day. The facility also offers nighttime lighting, lengthening playtime for pickleballers.

According to the lawsuit, neighbors of the Lone Tree pickleball courts conducted a sound study to see how loud the game would get. The group said the noise level data is “undeniable,” and the courts created noise exceeding permissible noise levels by 10-15 decibels.

The lawsuit says that the average noise level of pickleball strikes is 62.1 decibels, while the state’s noise abatement statute dictates a daytime noise level of 50 decibels and a nighttime noise level of 45 decibels.

Lawsuit: Pickleball noise ‘unreasonable’ under city code

The Centers for Disease Control and Prevention’s National Institute for Occupational Safety and Health recommends a noise exposure limit of 85 decibels averaged over an eight-hour day to prevent hearing loss, and says this is about the level where a raised voice is needed to hold a conversation. The agency also notes that equipment that can produce noise levels over 85 decibels include lawnmowers, vacuums and power tools.

However, the group is arguing that the pickleball courts’ noise is “an unreasonable noise” based on city code, which defines it as “any sound which annoys or disturbs a reasonable person of normal sensitivities; or endangers or injures the safety or health of humans or animals; or endangers or injures personal or real property; and is the subject of a complaint made by any person.”

Two of the residents who brought the lawsuit argue in the complaint that they purchased a home in the area for “the sunset views from their patio” but cannot use it because of the “untenable noise” from the courts. They also allege that they tried to fix the issue by “installing a fountain and speakers on their deck, even at times wearing headsets while outside.”

“None of these methods worked,” the lawsuit continued. “The noise from the Courts is so intrusive that (the couple) can hear it while inside of their home.” One of the other residents who filed the lawsuit said the noise has affected his ability to work from home.

Ultimately, the group is seeking for the pickleball courts to be shut down, for Lone Tree to be unable to reopen the courts unless they’re enclosed in a soundproof structure and to repay the group’s legal fees.

FOX31 has reached out to the plaintiffs and the city of Lone Tree about this case. The city told FOX31 that it does not comment on pending litigation.

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