KOSCIUSKO — The Kosciusko County Community Fair has filed an appeal to the preliminary injunction ordered by Judge Michael Reed on May 16.

The preliminary injunction was ordered after Mary Clemens, Merle Conner, Judith Conner and Chris Cummins, all of Warsaw, filed a complaint in Kosciusko County Circuit Court against the Kosciusko County Community Fair regarding racing events. In 1990, restrictive covenants were agreed upon which stated that the fair had the right to continue the use of its grandstand and racetrack facility for recreational and fairground activities other than motorized racing.

In March of this year, the plaintiffs discovered that the Kosciusko County Community Fair was planning to conduct motorized races in the spring and summer.

A hearing was held on May 10. Both parties appeared in person at the hearing and presented evidence. The judge took the evidence under advisement and declared an order.

The order by Judge Reed declared that the plaintiffs motion for a preliminary injunction was granted. While this case continues, the fairgrounds is “prohibited from conducting, running, permitting or allowing motorized racing on fairgrounds property, or otherwise violating the restrictive covenants.”

Attorney Edward Hearn, representing the Kosciusko County Community Fair, filed the notice of appeal on Friday, June 8.

The notice requests the clerk of Kosciusko Circuit Court to assemble the clerk’s record according to the Indiana Appellate Rule 2(E). The notice further requests the court reporter to transcribe, certify and file with the clerk a transcript of the hearing held on May 10.

The Kosciusko County Community Fair previously released a statement regarding their intent to file an appeal. The statement claimed that the injunction would have a negative impact on fair week.

“The injunction which has been put in place will also have a negative impact on fair week this year. We will not be allowed to hold the Roy Bradbury Memorial Race on Wednesday night nor will be allowed to hold KOI drag racing on Thursday night as we have done for the past seven years.”