Behringer Harvard subsequently filed a lawsuit in St. Louis Circuit Court, seeking to remove Dolce' from its premises for non-payment of rent since November 2007.

"Hopefully, the judge will award the owner the right to evict them immediately," says Alderwoman Young. Young says she was inundated with requests to shut the place down after the fight on April 20.

"They have no shot at shutting us down," counters Tony Trupiano. The club's rent money is sitting in an escrow account, he says, explaining that the case boils down to a fight over who's responsible for an allegedly faulty air conditioning unit.

"We have tried to pay them four times, and they won't accept it," asserts Rob Olsen. Attorneys for Behringer Harvard did not return repeated phone calls for comment.

Trupiano says he and Olsen have gone out of their way to accommodate Marquette residents, by turning the music down when requested and relocating the valet stand. "This is about one guy making a smokescreen," argues Trupiano.

"I just don't get how people think they can move downtown and not hear some noise," adds Olsen.

Trupiano and Olsen also deny that the club is in any way dangerous. They say that after the drive-by shooting they hired someone to videotape the club and its surroundings and then play it for Associate Circuit Court Judge Michael Mullen to show him the place is safe.

Dolce's operators have also pledged to hire off-duty police officers for security outside the club. Says Trupiano: "I don't want anything like that fight to happen ever again."

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