KOSCIUSKO — Mediation has been scheduled for the ongoing case regarding racing at the Kosciusko County Community Fairgrounds.
The mediation has been scheduled for 1 p.m. on Dec. 21. All parties involved were requested to be present. John Whiteleather, Columbia City, has been named mediator in the case.
All parties were asked to submit confidential statements by Dec. 17. These statements are to include statements of facts, a summary of damages, analysis of the case, observations of each side’s strengths and weaknesses, the history and present status of settlement efforts and the party’s opinions and basis for verdict ranges and probabilities.
The court case stems after a group of homeowners on Winona Lake 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.