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Council signs off on settlement over golf-course lighting after remediation; some members pressed for higher legal-fee payment
Summary
The council approved a settlement with Joseph and Karen Flynn after Wright Engineering-certified remediation of light trespass at the municipal golf course driving range; the agreement includes a $3,000 payment toward the Flynns' attorney fees, a point of contention among several council members.
The Sierra Vista City Council on June 11 approved a settlement resolving a lawsuit by Joseph and Karen Flynn alleging light trespass from the municipal golf course driving bay.
City staff told the council that the dispute began with a notice of claim and a Wright Engineering light study that identified measures to eliminate light trespass onto neighboring property. The city implemented remediation measures described in the study; Wright Engineering subsequently reviewed the work and provided written certification that the remediation complies with the earlier report and city code.
Under the terms presented to council, the city completed the remediation, secured Wright Engineering's certification, and agreed to pay the Flynns $3,000 toward their attorney fees. Mr. Williams, the staff member who presented the report, told the council that the Flynns have signed the settlement and the lawsuit would be concluded if council approved the agreement.
Several council members voiced sympathy for the Flynns and urged the city to make them "whole" by covering a larger amount of legal fees. Council member Ken Kilmurray, who said he had visited the neighbors, described their distress and said he supported measures to fully compensate them for legal costs. Other members similarly urged additional payment, arguing the city should accept greater responsibility for the delay and the inconvenience the lighting caused.
Council approved the settlement as presented; staff noted the remediation is complete and certified by Wright Engineering. The settlement closes the litigation but prompted public debate among council members over whether the city should pay more than the agreed $3,000 attorney-fee payment.
