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There's an appeal against TopGolf. It won't stop construction. Here's why.

Thanks to a complex-sounding legal term, an appeal filed by some Hurstbourne neighbors won't prevent the construction at Oxmoor Center.

LOUISVILLE, Ky. — The Topgolf saga continues because of course it is. Hurstbourne neighbors have appealed the latest court decision granting Topgolf a greenlight. While the appeal is being considered, though, Topgolf can keep on building. Why?

“Because,” attorney Steve Porter explained, “we can’t afford to put up what’s called a supersedeas bond to prevent them from building.”

And at that, we’re all like:

Ok, to the internet we go. Thank you, Merriam-Webster

So, supersedeas: In Latin, it means “you shall desist.” In the law, it means you put down a lot of cash and property in order to stop a court judgment from going into effect while a case is being reviewed.

How much cash or property you have to put down depends on the case, and we don’t know exactly how much would have been needed here; but, we do know it would have been a lot. The supersedeas bond would compensate Topgolf for their losses if they had to suspend their construction and then ended up winning the appeal, and Kentucky requires those appealing the case to have property worth double the amount of the bond. In a project like Topgolf, that means A LOT of dough.

The neighbors in Hurstbourne don’t have that, which means that construction gets to press onward. However, if the neighbors were to somehow win their latest appeal, Topgolf would have to tear down anything it has built.



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