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Judge Denies Injunction for MHS Athletic Lights

Lights will be able to be used for the upcoming boys and girls soccer season thanks to a ruling from a Los Angeles County judge.

A judge Tuesday denied a preliminary injunction seeking to limit the use of 70-foot athletic lights at Malibu High School.

L.A. County Superior Court Judge James Chalfant rejected the application of the Malibu Community Alliance for an injunction to prevent or limit the use of the lights at the field during the lawsuit, according to City Attorney Christi Hogin.

The Malibu Community Alliance filed the lawsuit in July, challenging the Malibu City Council's approval of the Santa Monica-Malibu Unified School District application for a permit to install and use 70-foot lights on the field with limitations.

"This is a significant development in the case because the plaintiffs were required to show that they are likely to succeed in the underlying case in order to qualify for an injunction," Hogin said. "The court studied the matter closely and considered all legal arguments. The court determined that the plaintiffs had not established likelihood of success on the merits of the case."

Hogin said the judge described the case as “dead in the water."

The group had sought a temporary injunction to prevent the school district from installing the lights for the homecoming game. In October, the judge allowed the district to put up the lights and use them for football games through Nov. 8.

A call to the attorney for the Malibu Community Alliance, Stan Lamport, was unanswered.

Seth Jacobson, a member of the "Bring on the Lights" campaign's steering committee and chairman of the Shark Fund, said the ruling was in the school's favor.

"It shows that we were persistent, we followed the rules and we did everything we needed to do to protect the community and the students and do what is in the best interest of the community and the school. We prevailed," Jacobson said.

He said the school and parents will abide by the rules set out by the city.

"We’re excited and we’re happy and we’re going to move forward and follow the rules play sports," Jacobson said.

The ruling clears the way for boys and girls JV and varsity soccer to play under the lights.

"It’s a good day for our athletes and our programs that play or perform under the lights. That includes not just the football players, but our cheerleaders, our dance squad, boys and girls soccer team, lacrosse and band. It’s all the kids that are out there, our student trainers, student reporters," said Pete Anthony, who is also on the “Bring on the Lights” campaign's steering committee.

Malibu Neighbor November 14, 2012 at 01:32 AM
Yeah!
V.P.A. November 14, 2012 at 10:18 AM
My heart goes out to the residents in the High School area who have to now put up with the prison-camp-type lights shining into their gardens, rooms, cutting out the moon & stars & the assault on their ears & conversations from the itinerant racket of shouts yells & Band practice. Their houses now not being their places of tranquility - to which, I would have thought, should be their entitlement. The wildlife too. How urban, callous & selfish can one become? Hardly a way to teach pupils to respect the planet's atmosphere & it's creatures, nor to educate them about the need to eliminate using fossil fuels where possible. Neither a lesson in being good to ones neighbour. What kind of responsible, respectful, kind future generation can this possibly produce?
Hans Laetz November 14, 2012 at 03:34 PM
That was a baseless, groundless lawsuit that cost the taxpayers tens of thousands of dollars to quash. The callous, selfish whines of the plaintiffs have been heard for five years, and rejected at the school board, city council, coastal and now the courts. Now, we need to work together. The school district had proposed security lights at the campus itself, despite the fact that we parents have been warning over and over again since 2008 that such lights are invasive, inappropriate and bad policy. The Planning Commission rejected the security lights. The entire project is going to be delayed (now five months and counting) while SMMUSD and the state redesign the stupid lights that we TOLD them would be a problem, from 2008 on. Our community work very hard for the modest field lights, which will subject "shouts and yells" from "callous and selfish" children and their parents a grand total of about 60 evenings a year. We will all need to work together just as hard to make sure SMMUSD builds its promised MHS projects without adding truly awful institutional lighting that would be on 100 percent of the dark hours.
Saltwater November 14, 2012 at 03:39 PM
You're comment makes it sounds like the lights are on every night, all night. And where's your local school spirit? Why are you hateful of people having a good time cheering their team on under the lights while enjoying some healthy competition? There's just so much wrong with your attitude. Want to eliminate using fossil fuels where possible? You first.
Susan Burger November 14, 2012 at 03:40 PM
Seriously? What high school doesn't have lights for the kids to compete and build community? Nature will survive and so will you.
Saltwater November 14, 2012 at 03:42 PM
I find it ironic that security lights are needed to protect MHS. Parents- do you know where your children are and what they are doing?
Hans Laetz November 14, 2012 at 03:57 PM
Coming after an MHS female student was carjacked by a transient while driving to school, that's real funny, Saltwater.
Ben Dover November 14, 2012 at 04:14 PM
Hans your still a Donkey, the car jacking happened at Webb Way and PCH.....I just want the residents of Malibu Park to know that A & B sells BB guns, Christmas is coming.
Hans Laetz November 14, 2012 at 04:22 PM
Oh, yeah, Andy, and things like that don't happen out west of Paradise Cove ...
Ben Dover November 14, 2012 at 04:25 PM
So Sorry Donkey Boy, I'm not Andy.......
Saltwater November 14, 2012 at 04:37 PM
>>>Hans Laetz 7:58 am on Wednesday, November 14, 2012 Coming after an MHS female student was carjacked by a transient while driving to school, that's real funny, Saltwater. Funny? According to everything I've read that carjacking occurred while she was stopped at the traffic signal at Webb Way on PCH, Are you referring to something else?
Hans Laetz November 14, 2012 at 04:53 PM
Oops. I guess this donkey heard the wrong ass braying.
Hans Laetz November 14, 2012 at 04:56 PM
I'll make it real simple for you. We live in a world -- and a small town -- where dangers lurk. A person was murdered in the bushes on Morning View Drive at Guernsey in 2010. A little girl was carjacked at Webb Way -- and cried for help at Heathercliff. Malibu High School is not immune from this world. The world does not stop at Webb Way. I am referring to the fact that security lights are required by the Office of the State Architect. And that crimes occur in Malibu. Hee haw.
Gwen Lucoff November 14, 2012 at 05:02 PM
Pathetic, and par for the course, I've lost all faith in the city council as well as the school board and will do my best NOT to support any of them when they decide to run again for their elected positions. I still wish that all the light supporters can come up to my house and see how intrusive the lights are from my property, and I don't mean the glow, I mean having to look at the stanchions each and every day and every time I look out my livingroom and kitchen.

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