Another Elkhart County Judge Appointed To Kosciusko County Community Fair Case
KOSCIUSKO — The Kosciusko County Community Fair case regarding motorized racing has passed through the hands of five judges. On Friday, July 13, a new Elkhart County judge was appointed to the case.
Elkhart County Superior Court 4 Judge Gretchen Lund was appointed as a special judge. Lund will serve in this case unless disqualified under the Indiana Code of Judicial Conduct, ineligible for service under Trial Rule 79 or excused by the Indiana Supreme Court.
Lund was elected on Nov. 4, 2014, and took office on Jan. 1, 2015, for a term that expires in 2020. She previously served as a judge for the Goshen City Court from 2008 to 2014.
Circuit Court Judge Michael Reed granted a change of judge for the case on June 12. Both Superior 1 Judge David Cates and Superior 2 Judge Torrey Bauer recused themselves from the case due to conflicts of interest on June 18. The case was then sent to Superior Court 3 Judge Joe Sutton, who also recused himself from the case due to a conflict of interest on June 21. On July 6, Judge Michael Christofeno of the Elkhart Circuit Court disqualified himself as special judge pursuant to the Indiana Code of Judicial Conduct.
The court case stems 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 plaintiff’s 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.” This preliminary injunction means that no racing took place during this year’s fair week.
The fairgrounds has appealed the preliminary injunction and still has pending motions requesting dismissal of the case and a change of venue.