LOUISVILLE, Ky. — A circuit court judge has ruled in favor of Topgolf in its battle with neighbors near Oxmoor Center.
Those neighbors had filed lawsuits against the company and their proposed site at Oxmoor Center. Both the Jefferson County Planning Commission and Metro Council had approved the project, but attorneys argued the original applications were invalid.
On Thursday Judge Ann Bailey Smith ruled in favor of the planning commission and Metro Council.
In an emailed statement Topgolf and Oxmoor Center said they applaud the decision of Judge Smith.
“The court has now confirmed what we have long known as true: Topgolf is right for Oxmoor Center.”
In filings and in court attorney Steve Porter, representing the Hurstbourne homeowners, said Topgolf was not registered to do business in the state at the time of their application.
That was not brought to light until lawsuits were filed by Porter and Jefferson County Circuit Court Judge Ann Bailey Smith said in her ruling Porter waived that argument by not presenting it to the Louisville/Jefferson County Planning Commission.
Judge Smith says Porter couldn't cite any statute or case that would require the court to nullify the application.
In a statement, Topgolf representatives say, "This is a tremendous day for Louisville, Topgolf, and Oxmoor Center. The court has now confirmed what we have long known as true: Topgolf is right for Oxmoor Center. We applaud Judge Ann Bailey Smith, the Louisville Metro Council, and Planning Commission for their thoughtful and thorough evaluation of the facts, studies, and science behind the project throughout this year-long process.
We look forward to breaking ground and bringing this exciting development to Louisville.
Porter told WHAS11, "...my clients and I are disappointed and believe the Court's decision is misguided. We will have no further comment until I have had a chance to study the Opinion and discuss it with my clients. An appeal is certainly possible but no decision on that has been discussed or made at this point."
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