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Cabinet View petitioner says commissioners act improperly, again

| February 25, 2014 10:40 AM

Letter to the Editor,

Most citizens do not submit lawsuits unless they are treated unjustly or have no other recourse.  

On Aug. 28, 2012, Cabinet View Fire Service Area (FSA) was dissolved with only 30 signatures while there were 121 verified signatures requesting to maintain it. Although the Board of County Commissioners’ action was legal, it was unjust. The commissioners acted without regard for the wishes of the majority.

My neighbors and I live in a forest. We feel it unreasonable to wait on the U.S. Forest Service or Libby Fire (as good as they may be) to react to a fire while we see our properties burn to the ground due to distance.

It is irresponsible for public officials to take sides in squabbles involving the safety and property of citizens. So, we began collecting signatures to create a fire district requiring 40 percent or more property owners to create or dissolve one.

On Oct. 8, 2013, the county acknowledged that we had a valid petition; consisting of 168 verified signatures. On Oct. 29, 2013, the commissioners sent out notice of a public hearing for the purpose of creating a fire district. Contrary to Montana law, the commissioners cancelled the public hearing two hours before the scheduled meeting.

At the cancelled public hearing, the commissioners stated that we had not met the requirements for a valid petition because of withdrawn signatures. The commissioners did not verify those in opposition. The fire district had 51 percent verified signatures.

The purpose of a public hearing is to hear those who want to be included or excluded from the fire district. Instead, the commissioners decided to deny a valid petition and side with the minority again.

Additional qualified firefighters would be a benefit to the county when fire strikes. With good leadership, disputing parties can be brought together to resolve differences. There are tools like mediation to willing leaders.  

At best, the commissioners have been disingenuous with the citizens of Lincoln County. Not only have their decisions been unjust, they have been fiscally irresponsible with the county’s budget.  On Nov. 13, the commissioners stated in a press release that the Montana Supreme Court issued its “opinion” on the Bull Lake Fire District v. Lincoln County lawsuit. It was not an opinion. It was a reversal and is conclusive.

Are you aware that the commissioners have retained high-costing attorneys to take the Montana Supreme Court’s decision to a lower court for review, and chose to retain expensive attorneys for their many ongoing lawsuits when the county has an attorney on payroll — Bernie Cassidy?

Due to statutory limit  and considering the commissioners‘s track record, I had a choice — give up justice by taking the valuable time necessary to verify signatures again or have a district court judge look at the laws that the commissioners had intentionally violated.

Despite the commissioners’s track record, I offered them an olive leaf to work outside of court. They did not respond to my offer.  

It is interesting that their stated decisions to eliminate the county nurse and Eureka justice of the peace positions were for budgetary purposes. Their expensive actions depict otherwise.  

— John Rios

Rural Libby