KOSCIUSKO — The following is a statement provided by the plaintiffs in the Kosciusko County Fair racing lawsuit:
As homeowners on Winona Lake, we support the community, 4H, fair week and most activities at the fairgrounds. However, we purchased our homes in reliance that the fair board would uphold their agreement to end motorized racing. Restrictive Covenants were negotiated and signed by the fair board president and recorded with the Kosciusko County Recorder’s Office back in 1990 prohibiting motorized racing at the Fairgrounds. These Restrictive Covenants must be upheld.
Racing is extremely loud and carries off the lake. When racing occurs we can’t sit outside and peaceably enjoy the beautiful lake or even have a conversation outside on our property because of the noise. We wouldn’t have purchased our homes if the fair board hadn’t settled the prior lawsuit by agreeing not to race anymore. There are certain exceptions in the agreement to allow for tractor pulls during fair week as well as demolition derbies, concerts and other uses.
In March of this year, when we saw a full motorized racing schedule was planned, we hired attorneys and sent a letter to the fair board to try and resolve this issue. The fair board, by ignoring our letter and proceeding forward with motorized racing without even trying to compromise, left us no choice but to pursue litigation. While disappointed that we had to resort to court intervention, we are pleased that the judge granted us an injunction and upheld the Restrictive Covenants and our right to enjoy our homes without the loud chain-saw like noise emanating from the fairgrounds and amplifying off the lake. While we wish the fair board would voluntarily comply with the Restrictive Covenants they previously signed, we are committed to upholding the Restrictive Covenants that the fair board agreed to. We plan to fight this issue as long as it takes to finally resolve this matter so we and other lake users can forever enjoy beautiful Winona Lake in peace. We have confidence in our attorneys and our legal position.