Racetrack Lawsuit Heads To Mediation

November 9, 2018 at 6:22 p.m.
Racetrack Lawsuit Heads To Mediation
Racetrack Lawsuit Heads To Mediation


The two sides involved in the lawsuit over motorized racing at the Kosciusko County fairgrounds are headed to mediation.

On Tuesday, the mediator in the case filed a copy of correspondence with Kosciusko County Circuit Court regarding scheduled mediation.

The mediation session will take place at 1 p.m. Dec. 21 at the office of John W. Whiteleather Jr., 119 S. Main St., Columbia City.

All parties, attorneys with settlement authority, representatives with settlement authority and other necessary individuals are to be at each mediation conference to facilitate settlement of the dispute unless excused by the court.

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On May 16, Circuit Court Judge Mike Reed granted a preliminary injunction against the Fair Inc. – the defendants in the case – from having motorized racing at the fairgrounds. The hearing on the plaintiffs’ motion for a temporary restraining order and/or preliminary injunction was in Reed’s court May 10.

According to the injunction, the fair board is prohibited from allowing motorized racing on fairgrounds property or otherwise violating the restrictive covenants that were put into place in 1990.

The plaintiffs – four homeowners – requested an injunction against motorized racing after some motorized racing events took place earlier this year.

The fair board filed a motion to appeal Reed’s order on June 8.

On June 11, Kosciusko County Community Fair Inc. filed motions seeking a new judge and change of venue in the court case to determine the future of motorized racing at the fairgrounds, as well as a motion to dismiss Count I of the plaintiffs’ complaint.

On?July 17, Administrative Judge Dean A. Colvin appointed Elkhart Superior Court II Judge Stephen R. Bowers as a special judge in the case. He was the seventh judge to be handed the case after Reed granted the defendant’s motion on June 12 for a change of judge.

The two sides involved in the lawsuit over motorized racing at the Kosciusko County fairgrounds are headed to mediation.

On Tuesday, the mediator in the case filed a copy of correspondence with Kosciusko County Circuit Court regarding scheduled mediation.

The mediation session will take place at 1 p.m. Dec. 21 at the office of John W. Whiteleather Jr., 119 S. Main St., Columbia City.

All parties, attorneys with settlement authority, representatives with settlement authority and other necessary individuals are to be at each mediation conference to facilitate settlement of the dispute unless excused by the court.

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On May 16, Circuit Court Judge Mike Reed granted a preliminary injunction against the Fair Inc. – the defendants in the case – from having motorized racing at the fairgrounds. The hearing on the plaintiffs’ motion for a temporary restraining order and/or preliminary injunction was in Reed’s court May 10.

According to the injunction, the fair board is prohibited from allowing motorized racing on fairgrounds property or otherwise violating the restrictive covenants that were put into place in 1990.

The plaintiffs – four homeowners – requested an injunction against motorized racing after some motorized racing events took place earlier this year.

The fair board filed a motion to appeal Reed’s order on June 8.

On June 11, Kosciusko County Community Fair Inc. filed motions seeking a new judge and change of venue in the court case to determine the future of motorized racing at the fairgrounds, as well as a motion to dismiss Count I of the plaintiffs’ complaint.

On?July 17, Administrative Judge Dean A. Colvin appointed Elkhart Superior Court II Judge Stephen R. Bowers as a special judge in the case. He was the seventh judge to be handed the case after Reed granted the defendant’s motion on June 12 for a change of judge.

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