Sides offer BLFD testimony
<p> Kim T. Christopherson, attorney for Bull Lake Fire District, makes her case for the district Thursday as 20th Judicial District Judge C.B. McNeil iistens. </p>
<p>Attorneys representing Lincoln County include Jinnifer Jeresek Mariman and Sean Goicechea confer during Christopherson’s statement.</p>
Interested parties in the Bull Lake Fire District case against Lincoln County entities will have to wait at least 55 days before 20th Judicial District Court Judge C.B. McNeil of Polson could hand down a decision in the case.
On Thursday, McNeil who is hearing the case in Libby conducted a summary judgment hearing on whether Bull Lake Fire District can unilaterally expand services.
On March 19, Bull Lake filed suit naming Lincoln County Sheriff Roby Bowe, Troy Area Dispatch, Libby Volunteer Fire Department, Libby Volunteer Ambulance and Troy Volunteer Ambulance challenging the county’s ability to limit services.
Kalispell Attorney Kim T. Christopherson, representing Bull Lake, told McNeil the Bull Lake Board of Trustees are the governing body for the department. Christopherson, who has represented the Cabinet View Fire Service Area, argued when the county allowed Bull Lake to establish a Board of Trustees, it allowed for self-governance.
However, Attorneys Jinnifer Jeresek Mariman and Sean Goicechea countered and then redirected comment making a case that the county is the overall governing entity within its jurisdiction.
“It’s quite simple,” said Jeresek Mariman. “It’s a duplication of services. Lincoln County is capable of determining whether these services are needed,” said Jeresek Mariman, who is from Libby.
Christopherson countered, quoting statutes that fire agencies in 1991 were given legislative approval for the purchase of fire equipment, an indication, she contends, that gave the approval for expanded services.
Christopherson called William B. Colwell, the Missoula Rural Fire Department Chief, who testified he did not have to seek Missoula County officials’ permission to expand services.
“Did you ever ask permission to expand services?” Christopherson asked Colwell.
“No,” Colwell replied.
During redirection, Goicechea asked Colwell about the differences in the two fire agencies — Bull Lake and Missoula Rural Fire District.
“Your region is different than Bull Lake?” Goicechea asked.
“Yes,” Colwell replied.
“With broader service?” Goicechea asked.
“Yes,” replied the chief.
“Have you ever tried to tell your sheriff how to do his job,” Goicechea asked Colwell.
“I do not,” Colwell replied.
Upon the completion of the hearing, both sides agreed to present their written cases to McNeil at his Polson office by Feb. 28.
McNeil could make a decision any time after that, but likely would be some time after those documents are submitted.