Statement of Cliff Ashburner, Attorney for Topgolf, Regarding Lighting Waiver Lawsuit

Filing a lawsuit to preserve a worse lighting environment is an obvious delay tactic employed by three
couples who refuse to accept the facts surrounding the Topgolf at Oxmoor Center plan.

Our proposal will eliminate one million lumens of light output, lower the height of light sources, and add
significant new landscaping obstructions between the site and Hurstbourne—improving the lighting
environment at Oxmoor Center.

Based on these facts, the Planning Commission lawfully and unanimously approved the overall proposal,
including the lighting plan, lighting waiver, and detailed district development plan.

Attempts to obstruct the proposal show this group’s lack of respect for the many Hurstbourne residents
eagerly anticipating these improvements and send the wrong message about economic development in
Louisville. The overwhelming majority of Louisville residents who support Topgolf at Oxmoor Center
deserve better.

The claims regarding whether the legal entities on the application are valid are simply another red
herring.

Key Facts on Topgolf at Oxmoor Center & the Lighting Plan

• 90 percent of Hurstbourne homes are a half mile or more from the site. The closest home is more
than a quarter mile away, separated by a four-lane road, soccer fields, and a heavy tree line.
• Following the neighborhood meeting in March, Topgolf and Oxmoor Center revised the proposal to
address concerns raised by neighbors regarding lighting.
• As a result, Topgolf eliminated the old, roof-mounted, stadium-style lights in favor of its new, state-
of-the-art package with downward-angled LED fixtures mounted under the roofline.
• The proposal calls for Oxmoor Center will replace the existing, 50-foot-tall, high glare parking lot
lighting with full-cutoff LED fixtures mounted on 30-foot poles.
• As a further concession to neighbors, Oxmoor Center and Topgolf are planting more than 200 trees,
including three rows of plantings (including evergreens) between Topgolf and Christian Way.

Key Lighting Facts

• Adding Topgolf at Oxmoor Center will result in ABSOLUTELY ZERO increased illumination at any
residential location and decrease overall light levels at Oxmoor Center by as much as 60 percent.
• The proposal eliminates 1,000,000 lumens of light output, resulting in a much-improved overall
lighting environment compared to the existing situation.
• The four 50-foot tall parking lot light poles closest to Hurstbourne emit more lumens today, at taller
heights, than the 16 Gamechanger fixtures in Topgolf’s proposed lighting plan.