Hearing in school lights case set for Monday

Mardi Link, The Record-Eagle, Traverse City, Mich.
·2 min read
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Jul. 7—TRAVERSE CITY — A judge will hear arguments Monday on whether a local school violated a court's order to mitigate its nighttime lighting.

The state Court of Appeals in April ruled Immaculate Conception Elementary had to add shielding to their outdoor lighting in a years-long lawsuit brought against the school by a neighbor, Amelia Hasenohrl.

Hasenohrl in 2021 said the lights violated Traverse City's lighting ordinance, 13th Circuit Court Judge Kevin Elsenheimer in 2022 agreed, the school then appealed Elsenheimer's ruling, which the COA upheld.

The city's ordinance states that outdoor lights, such as those for porches, walls, landscaping and paths, must be less than 500 lumens. It also states that all outdoor lighting must be shielded.

Prior to the school's appeal, the lights, which are on poles about 12-feet tall, were allowed to shine unfettered, though Elsenheimer ordered that the school, within 60 days, had to add shielding to the lights and set them to shine at 350 lumens.

A lumen is a standard unit of measurement, to determine the brightness of lighting emitted per second from a uniform source.

Hasenohrl, in court filings, said the school's lights shine into her bedroom at night, making it too bright to sleep even after adding room-darkening shades over her existing darkening blinds.

The school had argued plaintiff Hasenohrl did not have standing to enforce the city's lighting ordinance, and if she did, the light fixtures did not violate it, court records show.

Traverse City never cited the school or took enforcement action against it for violating the ordinance, the defense also argued.

The COA, however, ruled Elsenheimer did not err in his decision and that the trial court "properly exercised its equitable authority to abate the nuisance."

Which re-set the school's deadline to comply to June 24, 60 days from the COA's April 24 decision, court records show.

Immaculate Conception is a Grand Traverse Area Catholic Schools facility and its Director of School Operations Eric Mulvany previously told the Record-Eagle, that a variety of solutions were offered, at the school's expense, and a dimming system was installed.

Mulvany, as previously reported, said GTACS hoped the city would pass a "less ambiguous ordinance."

Hasenohrl's attorney, Blake Ringsmuth, in a court filing said the school hasn't complied with the court's order, prompting his emergency motion and Monday's scheduled hearing.

Immaculate Conception's attorney, J.D. Praasterink, could not be reached for comment Friday.