Ruling in favor of Louisville Topgolf to be appealed

Topgolf is a heavily debated project and some neighbors have filed a lawsuit to stop it.
Topgolf is a heavily debated project and some neighbors have filed a lawsuit to stop it.(WAVE 3 News)
Published: Jul. 22, 2019 at 1:27 PM EDT
Email This Link
Share on Pinterest
Share on LinkedIn

LOUISVILLE, Ky. (WAVE) - The attorney representing Hurstbourne residents who don’t want a Topgolf on the site of the former Sears store at Oxmoor Center say they will appeal a ruling allowing the project to go forward.

Stephen T. Porter said a Notice of Appeal will be filed today with the Kentucky Court of Appeals.

According to Porter, the basis for the appeal will be "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."

In an email announcing the appeal, Porter said Kentucky statutes for zoning applications require them to be “accurate and complete,” and 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." Porter said. "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."

POrter went on to say that strict compliance with zoning statutes is required and "if government did not do its job in enforcing the law, then the applications should never have been considered or approved."

Porter also said advice to the planning staff by an outside professor to get an analysis by a local lighting expert was ignored.

Copyright 2019 WAVE 3 News. All rights reserved.