“I guess the race will go on tomorrow”.
That’s what Kosciusko County Circuit Court Michael Reed said Thursday afternoon.
He delayed making a decision in a preliminary injunction relief hearing that concerned homeowners brought forward against the Kosciusko County Fairgrounds.
That means the May 11 sprint race at the Warsaw Motorsports Complex will proceed as scheduled.
The complaint was filed against the Fairgrounds on May 2, aiming to prevent motorized racing from taking place. As part of that complaint, the plaintiffs wanted a temporary restraining order to prevent the May 11 race.
The plaintiffs own homes a short distance from the fairgrounds property along Winona Lake, according to the Times Union.
Their complaint says a restrictive covenant agreed upon in 1990 prevents motorized racing from taking place at the fairgrounds.
But on two occasions in April of 2018, the Fairgrounds allowed racing on its property.
The complaint states the defendant’s actions are a nuisance, “by conducting loud events and/or using loud speakers and/or playing loud music and/or by conducting or allowing motorized racing in violation of the restrictive covenants, is engaging in an activity that is injurious to the health of the defendants and/or surrounding residents and/or is offensive to the senses due to noise and/or smell and/or air pollution, and is an obstruction of the plaintiffs’ use and/or enjoyment of their property and/or decreases their property value.”
Randy J. Shepherd testified that the Kosciusko County Fairgrounds would lose $40,000 this year if an injunction was granted, and that damages from the injunction would cost them over $100,000.
Judge Reed says he will take some time to review case law before making a determination on the injunction.
