KOSCIUSKO — The Kosciusko County Community Fairgrounds case involving motorized racing is without a judge, yet again. On Friday, July 6, Judge Michael Christofeno of the Elkhart Circuit Court disqualified himself as special judge pursuant to the Indiana Code of Judicial Conduct.

Christofeno was appointed judge after all Kosciusko County judges recused themselves from the case. Christofeno is a 20-year member of the Elkhart County 4-H Fair board and will serve as board president in 2021. He’s previously served as the Elkhart County fair board’s attorney. Now the case is referred to Administrative Judge Dean Colvin for appointment of a special judge.

The court case stems from Mary Clemens, Merle Conner, Judith Conner and Chris Cummins, all of Warsaw, 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, 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.” This preliminary injunction means that no racing can take place during fair week.

The fairgrounds has appealed the preliminary injunction and still has pending motions requesting dismissal of the case and a change of venue.