LOUISVILLE, Ky. (WAVE) - The case for and against Topgolf at Oxmoor Center was made in Jefferson Circuit Court on Thursday as the fight between the neighbors and the entertainment venue continues.
Six neighbors were specifically represented but many more are hoping they prevail. Their attorney Steve Porter led the argument with the first issue: Topgolf’s application to the city, which he actually called fraudulent.
Porter told Judge Ann Bailey Smith that when the application to city zoning was made, the company used LLCs that were not even registered with the Secretary of State to do business in Kentucky. He said Topgolf USA Louisville LLC didn’t register with the state until months later, on November 29, 2018.
“We have false applicants in this case and that is detrimental to the public, detrimental to the planning commission and eventually would be detrimental to the Metro Council in all zoning cases the applicant carries the ball," Porter said.
Topgolf attorney Cliff Ashburner said the accusation of fraud is offensive. He told the judge this case is simply about land and buildings.
“The zoning application that is at issue here, and I’ll include all of the applications as a single zoning application, was signed by the property owner,” Ashburner argued. “KRS chapter 100- 211 specifies that there are only three entities that can initiate an application: a legislative body, a planning commission or a property owner.”
The second big issue here is lighting. Porter said Topgolf lights are pointed right at his clients’ homes. He said he visited five Topgolf locations around the country at night that had massive glare. Porter also said Topgolf’s lighting expert can’t be relied on because he admitted he hasn’t seen Topgolf at night.
At one point there was a question whether photos of Topgolf’s lighting was manipulated by either Porter or Topgolf. Both sides denied doing so.
The judge did not say when she will have a decision.