[stockracer]

Fairgrounds Faces Complaint Over Motorized Racing Events
David Slone, Staff Writer
5/3/2018 2:13 PM

A complaint was filed Wednesday in Kosciusko County Circuit Court to keep motorized racing from taking place at the county fairgrounds.

The plaintiffs in the case, listed as Merle Conner, Judith Conner, Mary Clemens and Chris Cummins, all of Warsaw, are seeking a temporary restraining order, preliminary injunctive relief and permanent injunctive relief against the defendant, Kosciusko County Community Fair Inc.

They also filed a motion for immediate emergency hearing on the preliminary injunction and/or temporary restraining order prior to the next scheduled race on May 11. A hearing has been set for 2 p.m. May 10 in Kosciusko County Circuit Court.

The plaintiffs own homes a short distance from the fairgrounds property along Winona Lake.

For many years, the fairgrounds and Winona Lake homeowners had a dispute about how the fairgrounds could engage in activities beneficial to the community without disrupting peaceful enjoyment of the property owners in and around Kosciusko County, the complaint states.

The fairgrounds previously engaged in “loud activities” which made it difficult for homeowners on and around Winona Lake to enjoy the “normal peace and quiet of lake living and to protect their property value.”







In 1990, as part of a settlement to resolve a lawsuit between multiple homeowners and the Kosciusko County Fair Association Inc., which later changed its name to the Fairgrounds, restrictive covenants were agreed upon and are enforceable against the Fairgrounds, the complaint said.

The complaint states the restrictive covenants “clearly and unambiguously” mandate that the Fairgrounds not be used for motorized racing. It also states the restrictive covenants remain valid and are enforceable.

In late March 2018, it came to the attention of the plaintiffs that the Fairgrounds were planning to conduct motorized races at the Fairgrounds in spring and summer this year. On April 4, the plaintiffs sent the Fairgrounds a cease-and-desist letter, reminding the Fairgrounds of its prior agreement not to allow motorized racing at the fairgrounds and demanding that the Fairgrounds not breach the restrictive covenants. The Fairgrounds received the letter on April 6 and cancelled the first motorized race of the season, which was scheduled for April 13.

Plaintiffs’ counsel was contacted by an attorney claiming to represent the Fairgrounds, and the two sides’ attorneys tried to resolve the dispute but to no avail.

On April 27 and 28, the Fairgrounds allowed racing on its property.

An exhibit included in the complaint shows that the Fairgrounds planned to continue motorized racing several times a month through Sept. 21.

The complaint includes three counts: breach of restrictive covenants, nuisance and injunctive relief.

Under breach of the covenants, the complaint states the plaintiffs have suffered damages resulting from defendant’s breach.

For count II, nuisance, the complaint states the defendant’s actions, “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.” It says the defendant’s actions constitute a nuisance.

Under injunctive relief, the complaint “seeks immediate emergency judicial injunctive relief to enforce the agreement prohibiting motorized racing as further outline in the restrictive covenants prior to the next scheduled race,” which is May 11.

The complaint states the plaintiffs’ remedies at law are inadequate, and that the “threatened injury to the plaintiffs” of the Fairgrounds’ continuous violation of the covenants “outweights any potential harm to the Fairgrounds of enforcing the terms of the restrictive covenants they previously agreed to prohibiting motorized racing.”

A complaint against the operation of an automobile racetrack by the Fair Association on June 27, 1989, by nine homeowners led to the current restrictive covenants. The Fair Association filed a counterclaim against the homeowners Aug. 22, 1989, in Fulton Circuit Court.

The Fair Association and homeowners reached an agreement, with the Fair Association agreeing to restrict its use of the real estate in the future.

In consideration of the dismissal of the lawsuit by the homeowners, according to the covenant, after Aug. 11, 1990, the Fair Association “shall not use the real estate for motorized racing, except the Fair Association shall have the right to continue the use of its grandstand and racetrack facility on the real estate for recreational and/or fairground activities other than motorized racing, including, but not limited to, truck and tractor pulling contests during fair week each calendar year, two automobile demolition derbies each calendar year, musical presentations, bicycle racing and rodeos. “

[Nate]

The one guy listed in the complaint, Chris Cummins, owns a car dealership in Warsaw. I guess he's not into automobiles as much as he claims.

[oppweld]

If I lived closer I'd Picket his car lot!

[Chase Hightower]

There’s no racing noise in North Korea. And.... Property is very reasonable. Just a random thought, that I’m sure is very politically incorrect! I think tractor pulling is about the dumbest thing ever. With that being said a fairgrounds close to my house has three of them a year. They run sometimes until 2:00 am and are very loud. They pack the stands though, and people spend a lot money in the community to come spectate and/or compete. Therefore I love the tractor pulls.