Summary Judgment Decision In Racing Suit Expected Within 30 Days
ELKHART — A judge in Elkhart County is expected to rule soon on a partial summary judgment request in a lawsuit over the future of motorized racing at the Warsaw Motorsports Complex.
The suit was initiated by homeowners who live near the race track at the Kosciusko County Fairgrounds and are seeking to re-institute an agreement reached nearly three decades ago that prohibits motorized racing.
A temporary injunction currently prohibits racing until the suit is resolved.
The fairgrounds and homeowners agreed 29 years ago to cease motorized racing because of the noise and dust it creates. But the fair board began permitting some racing several years ago and have since said they would like to bring back a full slate of racing during the summer months.
Members of the fair board contend that revenues from racing are key to keeping the fairgrounds operating.
Both sides in the suit have asked for summary judgment.
Elkhart Superior Court Judge Stephen Bowers took the case under advisement after a hearing Tuesday in Elkhart.
Bowers is expected to issue a ruling on the summary judgment within 30 days.