LOUISVILLE, Ky. (WDRB) -- A group of Hurstbourne residents is weighing its options after a victory for Topgolf last week.
The company wants to put its newest high-tech driving range at Oxmoor Center. Last week, the Kentucky Court of Appeals unanimously ruled in favor of a lower court that tossed out a complaint filed by neighbors who had problems with how the project was approved. The decision came more than 16 months after the residents appealed a ruling from Jefferson Circuit Court, where a judge determined that Metro government’s land-use approvals for the planned golf-and-entertainment complex at Oxmoor Center were proper.
The three-judge appeals court repeatedly deferred to Jefferson Circuit Judge Ann Bailey Smith's June 2019 ruling, saying in their 22-page opinion that Bailey Smith correctly settled concerns about traffic, lighting, due process and even over whether the Topgolf development companies were registered to do business in Kentucky.
The Hurstbourne residents received due process and "can point to nothing in the proceedings that indicates otherwise," the judges wrote.
Steve Porter, an attorney representing the Hurstbourne neighbors, said he and the neighbors will soon discuss if they'll appeal to the Kentucky Supreme Court, but he admits the odds are long.
"Anytime you lose in one court, the chances of winning in the next court are tough, and we don't even know that we're going to make that attempt," Porter said. "Like I say, we'll explore that after the holidays."
They have 30 days to make a decision.
Related Stories:
- Kentucky appeals court: Topgolf project was approved properly
- Judge rules in favor of Topgolf at Oxmoor Center
- Topgolf’s plan for Oxmoor stays on fairway, but lawsuit looms
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