Fair board files appealKosciusko County Community Fair Inc. filed an appeal Friday of Kosciusko County Circuit Court Judge Michael Reed’s order for a preliminary injunction against motorized racing at the fairgrounds.
The appeal will be taken to the Court of Appeals of Indiana.
In a May 17 news release, the fair board indicated it would appeal and that it had authorized its attorney, Edward Hearn, to file it.
On May 16, Reed granted a preliminary injunction against the Fair Inc. 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. Evidence and testimony were submitted by both sides.
According to the injunction, during the court proceedings, the Fair Inc. – the defendant in the case – is “prohibited from conducting, running, permitting or allowing motorized racing on fairgrounds property or otherwise violating the restrictive covenants” that were put into place in 1990.
The plaintiffs – four homeowners who sought an injunction against motorized racing – posted a $50,000 bond on May 22 to cover costs in the event the defendants win the lawsuit. They filed the complaint with the Circuit Court for the injunction after some motorized racing events took place earlier this year.
The Fair Inc. filed a motion May 9 for all issues in the case to be determined by a jury trial. A ruling has not been made on that motion.
Reed’s injunction order says the plaintiffs asked the court to enforce restrictive covenants dated July 18, 1990, between Kosciusko County Fair Association Inc., the predecessor to Kosciusko County Community Fair Inc., and nine homeowners.
