File photo by Mike Deak

WARSAW — Four Warsaw homeowners have filed a complaint in Kosciusko County Circuit Court against the Kosciusko County Community Fair regarding racing events.

The complaint filed Wednesday May 2, lists Mary Clemens, Merle Conner, Judith Conner and Chris Cummins, all of Warsaw, as the plaintiffs in the case. The complaint is seeking a temporary restraining order, preliminary injunctive relief and permanent injunctive relief against the Kosciusko County Community Fair.

The dispute between local homeowners and the fair have been ongoing for many years. The fair was accused of engaging in loud activities which made it difficult for homeowners on or around Winona Lake to “enjoy the normal peace and quiet of lake living and to protect their property value.”

In 1990, a settlement was reached between the two parties. 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. On April 4, a cease and desist letter reminding the Kosciusko County Fair of the prior agreement was sent. The Kosciusko County Community Fair received the letter on April 6, and the first motorized race, scheduled for April 13, was cancelled.

At this point, both parties’ attorneys attempted to resolve the issue, but no resolution was made.

On April 27 and April 28, the Kosciusko County Fair held motorized racing on the property.

The complaint seeks immediate judicial injunctive relief to enforce the previous agreement prohibiting motorized racing before the next scheduled race on May 11.

A hearing has been scheduled in Kosciusko County Circuit Court for 2 p.m. on May 10.