Whether fans of motorized racing will ever see racing again at the Kosciusko County Fairgrounds could be decided eventually by the Indiana Court of Appeals. InkFreeNews photo by Dan Spalding.

WARSAW — Kosciusko County Fair Board has filed an appeal after a Sept. 3 court ruling reinstated the ban on motorized racing at the fair’s racetrack.

The appeal will be taken to the Indiana Court of Appeals.

In 2018, a group of homeowners who live near the fairgrounds filed suit after racing events returned at the speedway three or four years ago. The short-lived resurrection of racing came after nearly two dozen years after the fair board had agreed to halt the longtime traditional weekend activities.

A temporary injunction prohibiting motorized racing at the fairgrounds has prevented racing for the past two summer seasons.

Special Judge Stephen R. Bowers ruled in early September in favor of the homeowners’ request for partial summary judgment and denied the fair board’s request for summary judgment.

In the suit, the fair sought to question the legal standing of Chris Cummins, one of the current plaintiffs who had purchased his home from his father, James, one of the original plaintiffs.

The fair also sought to prevent Chris Cummins from establishing his chain of title and to negate his standing to bring the court action. The ruling points out that the fair “has never designated evidence suggesting that Chris Cummins is not a successor in interest to his father as one of the original owners.”

Attorneys representing the Kosciusko County Community Fair declined to comment on the appeal when contacted Wednesday.