Public hearing hasn't changed neighbors' opinions on Topgolf at Oxmoor Center

Topgolf supporters and opponents at a 2018 public hearing.

LOUISVILLE, Ky. (WDRB) -- The court challenges to Louisville's Topgolf proposal are officially over. 

A group of Hurstbourne residents that lost at the Kentucky Court of Appeals last month did not ask the state Supreme Court to review the case, attorney Steve Porter confirmed Wednesday. The 30-day deadline for that request was Tuesday. 

The residents earlier this month did not seek to have the appeals court rehear the case. 

Those legal avenues were the two remaining in a bid to stop the golf-and-entertainment complex planned for the old Sears building at Oxmoor Center since early 2018.

Topgolf, which merged with Callaway Golf last fall, said in a statement that it was "pleased with the recent developments."

"As a company built on fun, community and inclusivity, we are looking forward to partnering with city officials and Oxmoor Center to bring a safe and entertaining experience to all," the company said in a statement. "With this recent exciting news, our development timelines are still being updated and finalized, however we are committed to providing more details on our planned development as they become available."

Oxmoor owner Brookfield Properties said in a statement that it's "aware of the latest developments in this case and are pleased with the outcome. We are working through next steps to move ahead and will keep the community updated on the progress.”

In a much-anticipated ruling before Christmas, the appeals panel unanimously upheld a Jefferson Circuit Court judge's 2019 decision that the project was approved properly. 

Attorney Porter said his clients chose not to appeal to the state's highest court after losing two decisions 

"Well I'm not surprised that they've withdrawn. This was a difficult project to oppose," said Hurstbourne Mayor Mary Masick. "While Topgolf is outside the City of Hurstbourne, the city was initially against Topgolf -- the development, due to the impact of the Hurstbourne residents."

Some neighbors said Thursday that bringing Topgolf to Louisville would be a boost for the area.

"I've heard some people talking about it being noisy and lights at night and extra traffic and that's all possible, but you have to weigh the good with the bad and it seems to me that having it would be better than not having it," said Rich Davis, who lives near Oxmoor Center. 

"It's possible that that's the difference in that mall being a ghost town and not so, bring it," he said.

Louisville city leaders such as District 19 Metro Council member Anthony Piagentini (R) said he supports Topgolf and hopes the company comes to the city sooner rather than later. 

“I think building top golf and getting it moving is just the kind of injection of good will we’re looking for at this point," he said.

WDRB News sought comment from Metro Council member Marilyn Parker (R), whose district includes Oxmoor, but but she was unavailable. Parker voted in late 2018 against rezoning the land for Topgolf.

Topgolf has proposed a three-story, 62,103-square-foot building and outdoor driving range at Oxmoor with more than 100 climate-controlled outdoor hitting bays, a bar, dining area and roof terrace.

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