LOUISVILLE, Ky. — The Kentucky Court of Appeals handed Topgolf a win Friday as it affirmed a lower court ruling that the facilities construction plans at the Oxmoor Center were properly approved.
Louisville's proposed Topgolf location has been a point of contention for over a year as area neighbors opposed its development, filing a series of appeals and briefs claiming impropriety in zoning and construction applications.
In a unanimous decision, the Kentucky Court of Appeals upheld that Jefferson Circuit Court Judge Ann Bailey Smith was correct in turning back an appeal brought by a group of Hurstbourne neighbors.
Residents were challenging the actions of the Louisville/Jefferson County Planning Commission and the Louisville Metro Council, saying the proposed complex was too close to the neighborhood and that lights and noise would cause problems.
A spokesperson for Topgolf said the lights they plan to install will emit less light than the lights currently being used in the Oxmoor Mall parking lot. No word on when the golf-themed entertainment complex will break ground.
In the 22-page opinion, the appeals court said Smith settled concerns about traffic, lighting, and due process properly.
"The nature of the agencies’ decisions and the residents’ appeals therefrom were not affected in any way by the late compliance with the Business Entity Filing Act," the opinion said. "The record reflects that the residents had knowledge of the actual applicants from the outset of this litigation."
Judges wrote that the opposing neighbors received their due process and "can point to nothing in the proceedings that indicates otherwise."