Dundes upheld injunctive relief, ending any possible promoted or condoned adult entertainment. That was agreed to by both parties during Friday’s hearing.
“Mardi Gras atmosphere — you see a little bit of that, but nothing else,” Cruisefest Nationals founder and promoter Darrell Uzzel said.
Greene County Prosecutor Stephanie Hayden said she was reviewing the decision with her clients. Hayden said she wasn’t sure if Xenia Twp. would object, which would put the matter before Judge Stephen A. Wolaver. But that may be moot, since under normal circumstances, both sides have 14 days to file objections and the event is this weekend.
“The goal of the filing was to get the court to rule on whether or not to prevent what Xenia Twp. perceived would be zoning violations if the event went through as advertised,” Hayden said. “It was never Xenia Twp.’s goal to stop the event entirely.”
In the decision, Dundes wrote that Kil-Kare previously has filed for permits for camping with the Greene County Combined Health District and has used vendors for other events.
He wrote that Xenia Twp. has not sought injunctive relief in the past and that there was “very little evidence” that Kil-Kare’s granted nonconforming use could not include camping and vendors.
A related Beavercreek Twp. complaint for temporary injunction is scheduled for 1 p.m. Wednesday.
“Kil-Kare attempted to work with Xenia Twp. trustees after the lawsuit was filed,” Kil-Kare attorney Joe Stadnicar said. “It’s regrettable that we couldn’t have reached an agreement.”
Contact this reporter at (937) 225-6951 or mgokavi@Dayton DailyNews.com.
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