Judge rules against Cabinet View Fire Service Area in lawsuit
Finds the Commissioners have final authority to determine scope of services in county fire districts
by Duane Williams, KLCB-KTNY Radio
June 22, 2012
Cabinet View Fire Department has lost their case against the Lincoln County Commissioners.
The 19th District court has found in favor of the Lincoln County Commissioners in the suit brought against the Commissioner by the Cabinet View Fire Service Area and the Cabinet View Fire Department. The finding will affect the Bull Lake Fire Department.
Judge C. B. McNeil found the resolution of the Commissioners creating Cabinet View is limited solely to provide structural fire protection within its geographic area. McNeil said that both Cabinet View and Bull Lake have adopted provisions greatly expanding the types of emergency services provided without the approval of the County Commissioners.
McNeil said while the Montana Code Annotated does not say only the Board of Commissioners may alter the boundaries or kinds, types, and levels of service provided, the trustees of the fire district and service area have the authority to add services to those provided when created without approval of the County Commissioners, however, McNeil said, the statue does not state after a fire service area is created for a specified propose by the Commissioners that the trustees may expand the types of service provided without limitation and without commission approval.
The court found only the Board of County Commissioners has the authority to create the fire district and fire service area, and only the commissioners have the exclusive authority to determine the kinds, types, and levels of service to be provided. Cabinet View and Bull Lake no authority to expand services beyond structure fire protection without first obtaining approval of the County Commissioners. Any actions beyond structural fire protection within their geographic area is void, said the court.
It is not known at this point if Cabinet and Bull Lake will appeal the court's decision.
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By Duane Williams, KLCB-KTNY Radio, www.todaysbestcountryonline.com e-mail: klcb@frontiernet.net.
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