Kosciusko County Community Fair Seeks To Continue With Racing Lawsuit
KOSCIUSKO — On Feb. 4, the Kosciusko County Community Fair filed a motion to lift stay of proceedings and to set a status conference regarding the racing lawsuit.
The motion states that on Sept. 4, 2018, after a status conference, an order was issued indicating that the case would be set for further status conference/case management conference upon resolution of the issues before the Indiana Court of Appeals. On Dec. 20, 2018, the Indiana Court of Appeals issued an order affirming the Kosciusko court’s preliminary injunction.
The motion concludes that per the courts September order, the fair requests the court lift the stay of proceedings and set the matter for a status conference.
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.”