When does Topgolf opposition become too much?

When does Topgolf opposition become too much?
Topgolf is a heavily debated project and some neighbors have filed a lawsuit to stop it. (Source: WAVE 3 News)

LOUISVILLE, KY (WAVE) - Topgolf’s development at Oxmoor Center is now facing two lawsuits, but representatives say they have faced lawsuits before.

Cliff Ashburner, who represents Topgolf in Louisville, said he does not believe the lawsuits will hold up in court.

In the cases of Topgolf facing a lawsuit, different sites presented unique challenges. In Thornton, Col., a lawsuit stopped development in one location, but Topgolf chose a different location and was able to build in that same city.

“It’s unfortunate but these are steps that developers are used to,” Mayor Greg Fischer said in a recent interview on 840 WHAS Radio.

In Louisville, Topgolf looked at a variety of sites, but Oxmoor Center is the only location it says will work. Plans for the development, including lighting, have changed in response to the opposition.

“We find the opposition to be very unusual,” Morgan Schaaf, Topgolf Communications Manager, said. “The final plan incorporated revisions made with our neighbors in mind. We remain committed to Louisville.”

The latest lawsuit claims Louisville’s Metro Council violated codes by approving the re-zoning and the Conditional Use Permit. The lawsuit says the development is not compatible with what already exists nearby.

“If we disagree with the decision and believe that the decision was made arbitrarily and capriciously, which we do, we have a right to follow that lawsuit,” Steve Porter, attorney for the opposition, said.

Ashburner said the lawsuit is a delay tactic from a small group. Porter said legal fees are being covered by homeowners, and no special interest groups, but will not release the names of the contributors.

“The city needs Topgolf and the vast majority of folks feel that’s the way to go as well,” Fischer said.

Fischer and Schaaf are optimistic the lawsuits are not insurmountable for Topgolf’s future in Louisville.

There are other Topgolf competitors looking into Louisville. A site off the Snyder Freeway near Old Henry Road was approved for a driving range, and is actively being considered while Topgolf battles for Oxmoor Center.

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