The latest round in an ongoing dispute between Glacier Peaks RV Park and the neighboring Midway Swap Meet over the volume of concerts held at the meet took place Thursday in Flathead District Court.

The recreational vehicle park, along with park manager Helen McLouth and Debbie McLouth, is suing the swap meet in hopes of ending the problems and damage they claim is being caused by the noise.

In the suit, they allege three counts of creating a private nuisance — one per plaintiff — and one count of trespassing, arguing the loud sounds invade the land of the park, causing actual damage to the plaintiffs.

If the lawsuit is successful, the park is seeking damages to be determined at trial, attorney fees, costs and expenses, and any other relief deemed appropriate by the court.

Both businesses are located on Montana 40 near Columbia Falls, next to its intersection with U.S. 2.

District Judge Stewart Stadler first approved a preliminary injunction against the swap meet on June 28, 2011, in which the meet was barred from using any kind of amplification between 5 p.m. and 11 p.m. pending the outcome of the case.

After a series of attempts by swap meet co-owner Micheal Medlin to dissolve the injunction, a site visit was held, in which music was played at the volume of the swap meet’s concerts, according to Medlin. Stadler was present for the sound test, the volume of which was measured with a decibel meter.

The injunction was altered as a result of the visit, allowing the use of amplification from 5 p.m. to 11 p.m. on Fridays and from 10 a.m. to 11 p.m. on Saturdays, with the caveat that the amplification knob not be turned past 30 and the volume not exceed 98 decibels when measured roughly 20 feet from the stage.

During Thursday’s hearing, that new flexibility was rolled back.

Helen testified that despite the decibel requirements, the music continues to be too loud. She said tenants have continued to tell her that if the issue isn’t dealt with, they will leave.

She also said the combination of losing sleep because of the noise and the stress of the situation are affecting her health. The already slender woman said she has lost 15 pounds since January as a direct result of the problem.

All of those who testified on behalf of the plaintiffs who were present for the sound test said the concerts have exceeded that volume since the site visit.

The plaintiffs also argued that a new poster for the swap meet, posted throughout Whitefish, advertises for its summer concert series, with no information about the meets themselves. It was also brought up that the swap meet is now offering vendors free booths, the fees for which were at one point argued to be one of the main sources of income for the swap meet.

“This is a concert venue, not a swap meet,” their attorney, Caleb Simpson, said.

Medlin and other representatives from the swap meet argued that they have been following the requirements of the injunction to the letter, never turning the amplification past the 30 mark and running a decibel meter in the sound booth during the concerts.

They also indicated that every time police have been called to the swap meet since the last alteration to the injunction — which was every weekend it was running — they have cooperated with police and have been shown to be obeying the current rules.

Sound board engineer Marco Forcone, who runs the sound during swap meet concerts, turned a critical eye back at the RV park. He said that on July 6, a resident of the park rode his motorcycle up next to the stage during a concert and started revving the motor, drowning out the music and scaring attendees. Forcone said he measured the sound of the motorcycle at 130 decibels, 32 decibels louder than their music was permitted to be.

Stadler chose to side, if tentatively, with the plaintiffs. He amended the injunction, removing the decibel requirement and instead using more subjective language.

“Music should be played at a level that would not disturb people in the park,” Stadler said.

He also amended the times in which the swap meet is allowed to use amplification, ordering that it end by 10 p.m.