LOUISVILLE, Ky. (WDRB) – Hurstbourne residents who are fighting a Topgolf proposed for Oxmoor Center plan to argue at the Kentucky Court of Appeals that the project’s applicants weren’t allowed to do business in the state.
They also intend to raise concerns about the Louisville Metro Planning Commission, claiming it accepted “unreliable” lighting evidence and granted an “unreasonable” waiver for brighter-than-allowed lights.
Those are among the issues cited by Steve Porter, an attorney for the six Hurstbourne residents, in documents filed with the appeals court this week. The filing lays out the arguments Porter plans to make in the appeal.
Once again, Porter is honing in on entities representing Topgolf and Oxmoor that were not registered with the Kentucky Secretary of State when they filed applications in 2018 to rezone land at the Shelbyville Road mall.
In June, Jefferson Circuit Court Judge Ann Bailey Smith ruled in favor of Topgolf in a lawsuit brought by the neighbors. She determined the neighbors had the duty to note problems with those companies’ statuses and didn’t do so.
In the filing with the appeals court this week, Porter wrote that Bailey Smith’s ruling is a “misinterpretation of Kentucky law and court decisions and places an unfair and unreasonable burden on the general public to check land use applications for accuracy and completeness.”
Instead, he argues, government agencies should have that responsibility.
Topgolf, Oxmoor and Louisville Metro government, which were named as defendants in the original lawsuits, have until August 22 to make their first filings with the appeals court. No dates for oral arguments have been set.