One side in the ongoing fairgrounds racing lawsuit has filed a motion to lift the stay of proceedings and to set a status conference.
On Monday, Kosciusko County Community Fair Inc., through its legal counsel, moved for the Kosciusko County Circuit Court to lift the stay of proceedings and to set a status conference in the matter.
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 plaintiffs, Winona Lake homeowners.
The following month, the Fair filed a motion to dismiss a count of the plaintiff’s complaint and motioned for a change of venue and judge. 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 Sept. 4, after a status conference, the Court issued an order indicating the case would be set for further status conference/case management conference upon resolution of the issues before the Court of Appeals, with all other matters deferred in the trail court until that time, according to Monday’s motion.
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.
As of this morning, Bowers had not approved the motion or set a time and date for the status conference.