Ok so if anyone wants to duplicate the conditions to see this behavior, here are the steps.
Perform this test when the Sun is low on the horizon , 2 hours before sunset or less will do.
Steps
1- Set "RTH Obstacle Check" on.
2- Set a reasonable Return-to-Home Altitude above any obstacles that would be in the flight path (45M is what I had)
3- Set Max Flight Altitude to a distance higher than the RTH Altitude ( 200M is good for this test, unless you want to see what
@Jr. Stafford saw and have the AC go to 1640ft, not advisable..
3-Set the home location
4-Fly the Mavic above your RTH Altitude, Fly East from your position 100ft or so, in my case it was 450ft.. and 150ft high
5- hit RTH.
Observations: as soon as I hit RTH the AC began to climb, the controller was cycling between obstacle and Going Home, but basically it was climbing vertically and not moving back to home.
I did this test 6 times, 3 times with RTH Obstacle check set, 3 times with it off. All 3 times with RTH Obstacle set performed the same.. Climbed well above the RTH Altitude. The 3 times with RTH Obstacle Off, AC rose to the predefined RTH Altitude and returned home.
I also tested Flying west so return was not into the sun, in this case the controller never flashed Obstacle and the AC came home at the RTH altitude.
I suspect that if I did this right after sunrise and reversed the direction Fly west, RTH to the east, I would see the same behavior.
If I get time will test that as well.