KOSCIUSKO — Yesterday, Feb. 5, Judge Stephen Bowers granted the motion to lift stay of proceedings requested by the Kosciusko County Community Fair in regards to the ongoing fairgrounds racing case.
A status conference has been scheduled for 8:30 a.m. on March 15. It was noted that council will participate in the conference telephonically.
The court case stems from the petitioners filing 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.”