Smoldering disagreement ignites

The Town of Ekalaka has decided to ask the legal system to determine whether it or the Ekalaka Volunteer Fire Department Corporation has ownership and control of the town's fire service and whether the fire department is part of the municipality, as the town claims, or is a separate corporation.

A complaint for declaratory judgement was filed in district court against EVFD Inc. May 10. According to the complaint, the town is requesting a judge declare it has "all legal right to control, direct, and operate the Ekalaka Volunteer Fire Department, as now constituted as a municipal fire department... ."

A declaratory judgement is a judge's official determination of each parties' legal rights and can be used to rectify controversy. The decision can be appealed.

The ownership of the fire department's equipment has been discussed since EVFD incorporated on Dec. 23, 2016. The Town of Ekalaka considers EVFD a municipal department.

According to minutes from the June 15, 2017 special meeting of the town council, the fire department wanted the town to give it ownership of all of the fire vehicles and equipment. The minutes also state that the fire department claimed to already own the vehicles and equipment.

The council decided that the fire department would "need to take the Town to court" for this to happen.

Instead, the town has taken the department to court.

Typically, the defendant has 20 days from the time of complaint and summons is served to file a response. As of Wednesday morning, an affidavit of service, which confirms the defendant has received the paperwork, had not been filed.

On the agenda for the Thursday, June 8 council meeting was a resolution to appoint a fire chief.

The Town of Ekalaka's attorney, Rich Batterman, told the Eagle that the appointment has now been tabled at the request of the corporation. He said the town is attempting to work with the fire department to come to a resolution.