Plaintiffs in the fairgrounds racing lawsuit on Friday filed a motion for partial summary judgment and a request for permanent injunction.
The plaintiffs also filed a brief in support of both items.
In May, 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. The suit to stop racing was filed by four Winona Lake homeowners.
The fairgrounds began limited racing about two years ago despite the decades-long agreement with neighbors that prohibited racing.
On June 12, a 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. It was certified Feb. 8.
Both sides gathered for a mediation hearing Dec. 21, but could not reach a compromise.
Friday’s motion states the plaintiffs “assert that they are entitled to a permanent injunction as a matter of law.”
In support of their motion, plaintiffs filed a brief incorporating all motions taken to date, along with evidence including affidavits from James and Chris Cummins, former and current property owners; relevant portions of the May 25 deposition of Randal Shepherd and Sheal Alan Dirck, representing the fair board; June 8 depositions of Judith Conner, Merle Conner and Mary Clemens, property owners; relevant portions of the transcript of preliminary injunction hearing held May 10; and certified copies of corporate records for Kosciusko County Community Fair Inc.
The plaintiffs request that the court “grant their motion for partial summary judgment, order a permanent injunction enforcing the restrictive covenant and for all other just and proper relief.”
