Appeals court upholds judge’s ruling in favor of Topgolf project

Golf-and-entertainment venue inches closer to teeing off in Oxmoor Center

Appeals court upholds judge’s ruling in favor of Topgolf project
Supporters of Louisville’s efforts to open a Topgolf on the city’s east side got some good news Friday. (Source: NBC12)

LOUISVILLE, Ky. (WAVE) - Supporters of Louisville’s efforts to open a Topgolf on the city’s east side got some good news Friday.

Kentucky’s Court of Appeals ruled that a lower court acted properly last year when it rejected a challenge by a group of Hurstbourne residents opposing the project.

Topgolf, a popular sports-and-entertainment venue with facilities in dozens of U.S. cities, first announced plans to build in Lousiville in 2018.

Last year, residents appealed a Jefferson County Circuit Court judge’s ruling that Metro Government approved the Topgolf project properly.

Friday, the three-judge panel upheld Judge Ann Bailey Smith’s rejection of the opposing group’s concerns about traffic, noise and lighting, among others.

“We decline to disturb the rulings,” was a message used several times in the judges’ 22-page opinion, which you can read below.

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“All I can say is we disagree with the ruling and we think it establishes some bad precedent,” Steve Porter, an attorney representing the Hurstbourne residents, told WAVE 3 News.

Another issue the plaintiffs raised was whether Topgolf and its contractors were even licensed to do business in Kentucky, but the panel rejected that, too, saying their failure to register their corporate names “resulted in no harm to the residents.”

Porter added that he and the group could ask the Court of Appeals to reconsider its ruling, and escalating the matter to the Kentucky Supreme Court is an option as well.

“It doesn’t mean we’re going to do that or not do that,” he said. “I need to meet with my clients and we’ll talk about possible next steps.”

Greater Louisville Inc. President and CEO Sarah Davasher-Wisdom issued a statement celebrating Friday’s ruling:

“Today’s ruling is an important step forward for our city. This project has faced numerous obstacles throughout the approval process which ultimately sends the wrong message about greater Louisville’s interest in growth and development. As we recover from this pandemic, it is more important than ever that our community embraces new development projects to preserve and grow the economic vitality of our region.”

WAVE 3 News also reached out to Topgolf’s corporate office for comment and is awaiting a reply.

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Get the WAVE 3 News app on ROKU, Apple TV and Amazon Fire. (Source: WAVE 3 News)

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