The Alabama Music Box is going to fight for their right to party …  specifically at 455 Dauphin St.

The company that owns the building, Diggler LLC, gave the music venue the boot by way of an eviction letter sent to the Alabama Music Box in September. The notice said AMB had to be out of the building by Oct. 1, a result of ongoing complaints about the volume of music at the downtown night spot.

However everything was business as usual on Oct. 2 with the venue busy on Facebook plugging Peelander-Z, Daikaiju and Baby Baby, which were set to perform that night.

AMB’s attorney Buzz Jordan said his clients decided to fight the eviction.

“They have decided to stay on. They will go through litigation,” he said.

Jordan said no one with AMB has been served with a lawsuit to leave and until that time the show will go on.

“Until it is decided in court, the Alabama Music Box will operate, have shows and the Alabama Music Box will continue to benefit Mobile,” he said.

The eviction came on the heels of Mobile County Circuit Judge Sarah Stewart’s decision to make Diggler LLC pay half of the $5,000 it would take for a sound engineer to conduct tests to determine the best way to dampen noise. There was a possibility the company would have more costs associated with quieting the noise from the AMB.

AMB owner David Mathews has told other media outlets he plans to stay at 455 Dauphin St. until Mardi Gras. He said there is someone planning on buying the property and allowing AMB to operate from the Dauphin Street address until they move to another, unnamed location downtown. Mathews did not say who was planning to buy the property.

Dumas Realty Inc. is handling the sale of 455 Dauphin St. and on Sept. 12 there were four offers submitted for the property.

As of Oct. 2 Jaclyn Jenkins with Dumas Realty said there was one accepted offer. The realty company just went under contract with the person around 5 p.m. on Oct. 2 to purchase the building.

Jenkins was did not know who placed the accepted offer, but said Realtor Will Dumas would be able to give that information. Calls made to the Realtor were not returned before press time.