Town, EVFD present arguments

It’s been over two years since the Town of Ekalaka 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 originally filed in district court against EVFD Inc. way back on May 10, 2018. According to that complaint, the town requested 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.

Ownership of the fire department’s equipment and assets has been discussed since EVFD incorporated on Dec. 23, 2016.

The ensuing legal battle may finally be nearing a conclusion.

Oral arguments from both sides were heard by Judge Nickolas C. Murnion in Baker, not Ekalaka, on Tuesday. The hearing was held in Baker due to “equipment failure” at Carter County Courthouse.

Each party now has thirty days to file proposed findings of fact and conclusions of law with the court. August 14th is the deadline.

After the deadline, Judge Murnion will render a decision on which party owns the department and all assets.