LOUISVILLE, Ky. - Residents near the site of the proposed Topgolf complex plan to appeal to the June ruling in favor of the sports venue.
Attorney Stephen Porter said, "This appeal will be based on the misinterpretation by the Circuit Court Judge of the responsibilities and duties of the Planning Commission and its staff as compared to the position of the general public and neighbors. The Kentucky statutes require a zoning application to be "accurate and complete". That was not true in this case. It is not the responsibility of the general public, contrary to the judge's opinion, to check the accuracy of every detail in a zoning application. That would be an impossible task for the public."
Last month, Judge Ann Bailey Smith ruled in favor of Topgolf clearning the way for construction. Residents were challenging the actions of the Louisville/Jefferson County Planning Commission and the Louisville Metro Council, saying complex was too close to the neighborhood and that lights and noise would cause problems.
In the Notice of Appeal Porter says, "Contrary to the judge's opinion, the general public is not a "party" to a zoning application. The only parties are the applicants and the Planning Commission, and the Planning Commission is supposed to represent the interests of the public, which it did not do in this case.. If government did not do its job in enforcing the law, then the applications should never have been considered or approved. The courts require strict compliance with zoning statutes."
Spectrum News 1 has reached our to Topgolf and will update this story as soon as we hear back from the company.
Here is the Notice of Appeal.