Judge rules with county

Twentieth Judicial District Judge C.B. McNeil on Thursday, rendering a decision from the Lake County Courthouse, has issued a partial judgment sought by Bull Lake Fire District and Cabinet View Fire Service Area concerning the expansion of services within their areas clearly in favor of Lincoln County.

McNeil’s judgment results from a request of petitioners Bull Lake Fire District and Cabinet View FSA on a lawsuit naming as respondents Lincoln County, Sheriff Roby Bowe, Troy Area Dispatch Board, Libby Volunteer Fire Department and Libby Volunteer Ambulance.

In the partial judgment issued by McNeil, who heard the case at the urging of the Board of Trustees of Cabinet View FSA, that a decision come from outside Lincoln County, it was decided the Lincoln County Commissioners do have the right to decide services fire agencies may provide.

Libby Commissioner Tony Berget on Thursday was asked about the ruling.

“Clearly, it says the county acted properly,” Berget said. “The judge says the county has the final say (in services provided). The judge has ruled that expansion of services must be petitioned. It’s required.”

Through a press release sent Friday, Presiding Commissioner Marianne Roose welcomed the decision, stating “This ruling will allow everyone to move forward in the best manner to protect the public that we all serve.  This has been a contentious issue for too long.”

The Bull Lake Fire District and the Cabinet View Fire Service Area sued the county and the other respondents wrongly alleging that the Boards of the Cabinet View Fire Service Area and the Bull Lake Fire District had the authority to expand their respective services, not the County Commissioners, McNeil’s decision renders.

Berget admitted at the time Thursday when the decision was released, that he had yet to read it in its entirety, but said the county acted properly.

Berget said Fisher River, which recently petitioned Lincoln County Commissioners for expansion of services, is “going about it the right way.”

Berget was asked now, since the ruling, whether the Bull Lake Fire District can avoid the same fate as Cabinet View FSA.

“… It’s not too late for Bull Lake. Hey, it’s not too late for Cabinet View,” Berget said. “It may be more difficult now, but it’s not too late.”

County Attorney Bernard Cassidy advised Commissioners throughout the process, and he, too, was asked about the McNeil decision.

“I think the judgment speaks for itself,” Cassidy said. “I don’t know whether there is any cause for celebration. However, it does reaffirm the county’s approach.” 

McNeil writes in his rationale for the decision: “Both of (the) Petitioner Boards of Trustees (Cabinet View FSA and Bull Lake Fire District) have adopted provisions greatly expanding the types of emergency services provided without the approval of the Board of County Commissioners. … Petitioners argue that since MCA §7-33-2401(4) does not say that ONLY the Board of County Commissioners may alter the boundaries of the kinds, types or levels of service provided, that therefore the Trustees of the District and FSA have the power to add services to those provided when created without the approval of the county Commissioners.”

McNeil further writes: “However, the court observes that said statute also does not state that after a fire service area has been created for a specified purpose by the county Commissioners, that the Trustees may expand the type of service provided without limitation and without county Commission approval.”

McNeil then expanded on that rationale: “The Court holds that only the County Board of Commissioners had the authority to create the Petitioner Fire District and Fire Service Area, that said Board of Commissioners have the exclusive authority to determine the kinds, types or levels of service, and that Petitioners’ Trustees have no authority to expand the services provided beyond structural fire protection without first obtaining the approval of the Board of County Commissioners. Any other actions taken by the Petitioners’ Trustees beyond their duties of structural fire protection within its geographical area are void.”

Cabinet View Fire Service Area Board of Trustees Chairman Bill Clark, reached late Thursday, was asked about McNeil’s decision.

“I’m not surprised by the decision,” Clark began. “We asked the question, and we needed an answer to the question, and we got it. Now, we have to move forward.”

Clark mentioned an effort by two residents of the Cabinet View FSA — Patty Rambo and Lisa Block — who are attempting to bring both sides to a discussion to resolve the dispute. 

“What we really need is someone who understands the issues to bring both sides together and mediate. Someone who will listen to both sides,” Clark said.

McNeil also cited Rule 54 Certification, which states “the foregoing summary judgments are final judgments as to all claims of all parties, that there is no just reason for delay and entry of a final judgment has been directed to be entered in favor of all Respondents and against both Petitioners upon all claims in this cause.”