Kernrechtsfrage
Whether the Federal Court should order a new inspection or expert measurements of the lighting immissions
Extrahierter Entscheid
No. The lower court could dispense with further evidence because the lighting installation was sufficiently clear from the file and any measurement would hardly clarify the issue.
Extrahierte Begründung
Expert evidence is not mandatory in every lighting-immission case; the lower court may assess the situation itself using expert guidance. Here the installation was complex and the relevant question was precautionary restriction, not existing harmful immissions.