As expected, the residents who filed an initial lawsuit aimed at stopping the development of Topgolf at Oxmoor Center filed a second lawsuit Wednesday afternoon in Jefferson County Circuit Court.
The second lawsuit challenges Louisville Metro Council’s Nov. 29 vote to approve the Topgolf development. The initial suit specifically relates to the Planning Commission’s decision to approve the same project.
Both lawsuits were filed by Hurstbourne residents Peggy and Bryan Barber, Gerald and Helen Nicolas, and Sheila and David McLaughlin.
In an email to media, their attorney, Steve Porter, wrote that Metro Council’s decision violates the city’s comprehensive plan and the Land Development Code. The lighting is directed at residences and exceeds “acceptable standards,” he wrote, and the development does not mitigate adverse impacts and is not compatible with existing development, among other reasons.
Porter and those he represents also have taken issue with the height of the development. The poles holding up netting will stand 175-feet tall.
The new lawsuit filed Wednesday states that Metro Council’s decision was “made with insufficient and inaccurate evidence” and “with insufficient analysis, verification and circumspection by both the Planning Commission, the Planning Commission staff and the Metro Council.”
Similar to the first lawsuit, the second suit called the decisions “arbitrary and capricious” and stated that the plaintiffs will lose the ability to enjoy their property.
Porter told Insider that given the similarities — same project, same developer, almost all the same parties — the two cases will likely be consolidated into a single legal action at some point in the future.
Attorney Clifford Ashburner, who represents Topgolf’s interests, has requested a judge dismiss the initial lawsuit.
In an emailed statement following the filing of the second suit, Ashburner wrote:
Each decision was made lawfully, based on the overwhelming evidence in the record supporting the project. Expert analysis concluded Topgolf at Oxmoor Center aligns with Cornerstone 2020, reduces light output, generates less traffic and won’t disrupt Hurstbourne residents a quarter mile away or more. At each step in the nearly year-long process, opponents failed to present credible evidence refuting these conclusions. We’re confident this delay tactic from a small group will fail in the courts, and we look forward to bringing Topgolf to Oxmoor Center.
Those in favor of TopGolf at Oxmoor Center have chided those in opposition for standing in the way of development and have said it will be an valuable amenity.
Topgolf wants to erect a 62,103-square-foot indoor golfing and entertainment center with bar and food service where the vacant Sears anchor sits at Oxmoor Center.