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Penthouse above Aspen yoga studio sues over “loud and annoying” music

The current tenant “is threatening to prematurely end his tenancy as a direct result of the music”

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The workout music from the Pure Barre fitness studio in downtown Aspen has the owners of the penthouse above it pumped up, but not in a good way.

Chicago-based KN-Aspen Core LLC is suing the proprietor of the Pure Barre franchise at 620 E. Hyman Ave. and seeking an injunction to force the business to lower the “unreasonably loud and annoying music, noise and vibrations” that it claims are seeping into the penthouse.

KN-Aspen lost its effort Wednesday to have a temporary restraining order to immediately have Pure Barre turn down its music. Judge Denise Lynch, in a one-page ruling, denied the request on the grounds that she did not find an emergency existed to put such an order in place.

KN-Aspen Core bought the 3,360-square-foot penthouse for $9 million in February 2015. The remodeled four-bedroom, one-and-a-half bath condo is used for short-term rentals and is advertised for $80,000 a month.

The current tenant, however, “is threatening to prematurely end his tenancy as a direct result of the music, noise and vibrations from Unit 2 (the Pure Barre studio),” alleges the suit, which was filed Tuesday in Pitkin County District Court.

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