Fairgrounds Case Finally Has A Judge, Bowers Accepts Appointment
KOSCIUSKO — The Kosciusko County Community Fair racing case finally has a judge. Elkhart Superior Court 2 Judge Stephen Bowers accepted the appointment today, July 18.
The confirmation states, “Bowers further confirms that he is not disqualified and that he accepts the appointment.”
Bowers has been judge of Elkhart County Superior Court 2 since 2006. He was re-elected to his position in 2012.
This appointment comes after six other judges passed along the case.
Circuit Court Judge Michael Reed granted a change of judge for the case on June 12. Both Superior 1 Judge David Cates and Superior 2 Judge Torrey Bauer recused themselves from the case due to conflicts of interest on June 18. The case was then sent to Superior Court 3 Judge Joe Sutton, who also recused himself from the case due to a conflict of interest on June 21.
On July 6, Judge Michael Christofeno of the Elkhart Circuit Court disqualified himself as special judge pursuant to the Indiana Code of Judicial Conduct. On July 16 Elkhart Superior Court 4 Judge Gretchen Lund also disqualified herself as special judge pursuant to the Indiana Code of Judicial Conduct.
A case management conference has been scheduled for 10 a.m. Aug. 3, in Elkhart Superior 2. Parties involved with the case will discuss how it will be handled moving forward. It was noted that counsel may participate telephonically.
The court case stems after Mary Clemens, Merle Conner, Judith Conner and Chris Cummins, all of Warsaw, filed a complaint in Kosciusko County Circuit Court against the Kosciusko County Community Fair regarding racing events. In 1990, restrictive covenants were agreed upon which stated that the fair had the right to continue the use of its grandstand and racetrack facility for recreational and fairground activities other than motorized racing.
In March of this year, the plaintiffs discovered that the Kosciusko County Community Fair was planning to conduct motorized races in the spring and summer.
A hearing was held on May 10. Both parties appeared in person at the hearing and presented evidence. The judge took the evidence under advisement and declared an order.
The order by Judge Reed declared that the plaintiff’s motion for a preliminary injunction was granted. While this case continues, the fairgrounds is “prohibited from conducting, running, permitting or allowing motorized racing on fairgrounds property, or otherwise violating the restrictive covenants.” This preliminary injunction means that no racing took place during this year’s fair week.
The fairgrounds has appealed the preliminary injunction and still has pending motions requesting dismissal of the case and a change of venue.