Fair Board Responds To Ads Published By ‘fairaccuracy.com’
June 1, 2019 at 1:08 a.m.
Fair Board Responds To Ads Published By ‘fairaccuracy.com’
By David [email protected]
The ads from fairaccuracy.com and warsawfairfacts.com/thefacts/ state they are telling the truth about the fairgrounds lawsuit between the fair board and property owners near the fairgrounds. Each day another ad runs, they point out the finances of the fair board and questions concerning statements the fair board made.
The release Friday from Fair Board Treasurer Sheal Dirck states, “On May 29, 2019, an anonymous entity which calls itself warsawfairfacts.com and fairaccuracy.com launched a newspaper ad and digital media campaign attack against the Kosciusko County Community Fair with false and misleading information.
“On the surface it is hard to take their attack seriously since they refuse to put their name on it. While the Fair Board in contrast displays the names of its directors on its website, provides contact information and even invites the public to attend its monthly business meetings.
“If you want the real facts, we encourage you to attend one of the monthly stated Fair Board meetings on the 2nd Monday of every month or talk to a current Fair Board Director. If you want to find out all the fake facts, go to your local coffee shop, social media and warsawfairfacts.com.”
Today’s ad, which is on page 8A, asks if the fair board told the fair association something different than what it reported to the IRS.
The ad says “yep” and that the fair board reported a $13,516 profit to its association members at a meeting where the fiscal year 2016 was discussed, but when the fair board filed its IRS990 form for fiscal year 2016, it reported a loss of $63,091. The ad suggests an aduit of the fair board needs to occur.
On June 27, 1989, nine original homeowners filed a complaint against the Kosciusko County Fair Association Inc. after a dispute arose regarding the operation of an automobile racetrack on the Fair’s property. As part of the settlement of the original homeowners’ lawsuit, on July 18, 1990, the Fair executed a restrictive covenant limiting use of the racetrack. The restrictive covenant provided that after Aug. 11, 1990, the Fair shall not use its property for motorized racing except for recreational and/or fairground activities other than motorized racing.
The permissible activities included truck and tractor pulling contests during fair week each year, two automobile demolition derbies each year, musical presentations, bicycle racing and rodeos.
Under the terms, the restrictive covenant was binding on the Fair and original homeowners and was enforceable by the original homeowners and their successors.
On May 2, 2018, four homeowners filed a complaint requesting injunctive relief against the Fair. They sought to enforce the restrictive covenant and to prevent the Fair from conducting motorized races on its property.
Later that month, Kosciusko County Circuit Court Judge Michael Reed enjoined the Fair from holding motorized racing at the fairgrounds while a lawsuit to halt the racing heads toward trial.
On June 12, the change of judge was granted and the case ended up with Elkhart Superior Court II Judge Stephen Bowers. Also on June 12, the Fair pursued an appeal of Reed’s preliminary injunction order.
On Dec. 20, the Indiana Court of Appeals issued an order affirming Reed’s May 16 preliminary injunction order.
Both sides gathered for a mediation hearing in December, but could not reach a compromise.
The ads from fairaccuracy.com and warsawfairfacts.com/thefacts/ state they are telling the truth about the fairgrounds lawsuit between the fair board and property owners near the fairgrounds. Each day another ad runs, they point out the finances of the fair board and questions concerning statements the fair board made.
The release Friday from Fair Board Treasurer Sheal Dirck states, “On May 29, 2019, an anonymous entity which calls itself warsawfairfacts.com and fairaccuracy.com launched a newspaper ad and digital media campaign attack against the Kosciusko County Community Fair with false and misleading information.
“On the surface it is hard to take their attack seriously since they refuse to put their name on it. While the Fair Board in contrast displays the names of its directors on its website, provides contact information and even invites the public to attend its monthly business meetings.
“If you want the real facts, we encourage you to attend one of the monthly stated Fair Board meetings on the 2nd Monday of every month or talk to a current Fair Board Director. If you want to find out all the fake facts, go to your local coffee shop, social media and warsawfairfacts.com.”
Today’s ad, which is on page 8A, asks if the fair board told the fair association something different than what it reported to the IRS.
The ad says “yep” and that the fair board reported a $13,516 profit to its association members at a meeting where the fiscal year 2016 was discussed, but when the fair board filed its IRS990 form for fiscal year 2016, it reported a loss of $63,091. The ad suggests an aduit of the fair board needs to occur.
On June 27, 1989, nine original homeowners filed a complaint against the Kosciusko County Fair Association Inc. after a dispute arose regarding the operation of an automobile racetrack on the Fair’s property. As part of the settlement of the original homeowners’ lawsuit, on July 18, 1990, the Fair executed a restrictive covenant limiting use of the racetrack. The restrictive covenant provided that after Aug. 11, 1990, the Fair shall not use its property for motorized racing except for recreational and/or fairground activities other than motorized racing.
The permissible activities included truck and tractor pulling contests during fair week each year, two automobile demolition derbies each year, musical presentations, bicycle racing and rodeos.
Under the terms, the restrictive covenant was binding on the Fair and original homeowners and was enforceable by the original homeowners and their successors.
On May 2, 2018, four homeowners filed a complaint requesting injunctive relief against the Fair. They sought to enforce the restrictive covenant and to prevent the Fair from conducting motorized races on its property.
Later that month, Kosciusko County Circuit Court Judge Michael Reed enjoined the Fair from holding motorized racing at the fairgrounds while a lawsuit to halt the racing heads toward trial.
On June 12, the change of judge was granted and the case ended up with Elkhart Superior Court II Judge Stephen Bowers. Also on June 12, the Fair pursued an appeal of Reed’s preliminary injunction order.
On Dec. 20, the Indiana Court of Appeals issued an order affirming Reed’s May 16 preliminary injunction order.
Both sides gathered for a mediation hearing in December, but could not reach a compromise.
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