Village Inn, neighbor in legal row over noise

June Casagrande

An outspoken opponent of loud, late-night revelry at the Village

Inn is facing an injunction to keep her quiet.

Village Inn owners the Toll family are fighting neighbor Anne

Lemen in court on the charges that her actions to battle noise

problems in her neighborhood constitute harassment.

Lemen and her attorney, Michael Bush, say her comments to

customers at the restaurant and her videotaping some of the

activities there do not constitute harassment.

“What is harassment?” Bush asked. “It looks like Anne had one of

her windows broken by one of their customers. Is that harassment?”

Toll family attorney Mark Russo could not be reached Monday, and

co-owner Jerry Toll declined to comment, saying it would be

inappropriate because the case has not yet been resolved.

Lemen, whose Balboa Island home is about 10 feet from the Village

Inn, said the loud music and rowdy patrons often keep her up until

well past 2 a.m. She said she had a good relationship with previous

owners but that the Toll family’s changes to the establishment are

attracting a nightclub crowd that’s causing her and her neighbors a

lot of sleep.

“I didn’t want to be a bad neighbor. I wanted to be a good

neighbor. But losing so much sleep affects my ability to work,” said

Lemen, who bought her home about 14 years ago.

The Village Inn’s injunction request would mean that Lemen would

have to stop doing things that amount to harassment, but, Bush said,

it remains unclear what that could mean.

Bush said Lemen has as much of a right to yell to patrons to be

quiet as the patrons have to make noise.

Lemen has also opposed the restaurant’s request to add drums and a

guitar to its live music lineup.

Planning Department staff had referred the request to the Planning

Commission. But in June, commissioners ruled that the question of

musical instruments did not constitute a land-use matter. City staff

are reviewing the request, which will likely end up in front of the

City Council.

The Village Inn is exempt from some city noise rules because the

restaurant, opened in the 1930s, predates noise restrictions.

* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport.

She may be reached at (949) 574-4232 or by e-mail at

june.casagrande@latimes.com.