Hurstbourne residents who are against a Topgolf development at Oxmoor Center are set to file another legal challenge to the proposal. A group of neighbors is planning to file a lawsuit in an attempt to stop the project next week.
The action will come about a month after Metro Council approved needed zoning changes, clearing the way for Topgolf to build on the site of a closed Sears store at the mall. That vote upheld an earlier Planning Commission decision to recommend the requested changes for approval.
Three couples who live in Hurstbourne, near the mall, sued in mid-November to challenge the Planning Commission’s approval of lighting waivers. That case is ongoing. The upcoming suit targets Metro Council’s decision.
Land use attorney Steve Porter is representing the plaintiffs, who along with other individuals are financing both lawsuits.
“Our goal is to reverse the decisions that were made by the Metro Council in this suit and by the Planning Commission in the other suit, to reverse those decisions on the grounds that they were arbitrary and capricious,” Porter said.
The new suit will be based on his clients’ contention that the Topgolf proposal violates Louisville’s Comprehensive Plan because it would change the character of the neighborhood and cause hardship to nearby residents.
Those who support Topgolf say it would provide a good attraction to the city, and bring a lot of jobs with it.
Porter reiterated that his clients are not opposed to Topgolf, but that they do not want it so near their houses. He said they feel the lights, traffic and noise generated by the complex would affect them at home.
“The Planning Commission and the Metro Council did not have adequate evidence to rule the way they ruled,” Porter said. “Every time you appeal something that’s already gone against you, you’re kind of behind, but we think that we have adequate grounds for the appeal and for a victory.”