Nov. 09--The Greentop Volunteer Fire Association scored a significant victory in its lawsuit against Adair County after a judge ruled that the county's involvement in approving fire district boundaries was outside its statutory authority.
The judgment returns stability to the fire association and certainty for a portion of county residents who could have been receiving multiple bills from different county fire districts.
The lawsuit is ongoing, with a trial to determine a few final counts set for early next year.
The lawsuit was originally filed by the Greentop Volunteer Fire Association in September 2016 against Adair County commissioners Stanley Pickens, Carson Adams and Mark Thompson, and Adair County Clerk Sandy Collop. The association claimed the county "acted to change the boundaries of the Greentop Fire Association, and attempted to hide their actions." The lawsuit argued that the county had no authority to change the boundaries and that it didn't follow proper open meeting or records laws.
The Greentop Volunteer Fire Association said the actions prevented it from collecting dues and fees, rendering it "unable to properly account for which residents they may collect dues from."
Second Circuit Presiding Judge Russell Steele recused himself from the case and the Missouri Supreme Court appointed Judge Gary Dial. The county then filed a motion for a change of judge, and Judge Terry Alan Tschannen was appointed.
Tschannen issued a judgment Oct. 31, ruling on two counts within the lawsuit.
With regard to allegations the county failed to give proper notice of a March 25, 2014, meeting and lacked prior notification of the meeting's content, Tschannen ruled in favor of the county. Documents support proper posting of the meeting and while the agenda did not indicate county fire districts would be discussed, Tschannen wrote "it is logical that the notice would be void of such information as the Commissioners lacked any knowledge that plaintiffs intended to appear at the meeting" and "it is not possible for the Commission to give notice of a topic to be discussed that they lacked any knowledge would be brought to their attention."
Stemming from that meeting, the Adair County Commission issued a letter regarding the county's fire protection districts. The letter states the county recognized the Eastern/Brashear Fire District, Novinger Fire District, Southwest Rural Fire District and Northern Fire District, and that the boundaries were outlined in the county's 2014 plat book.
"These are the certified borders the County honors accordingly," the letter states.
Tschannen determined the Adair County Commission acted outside its authority, stating "Missouri law does not provide for the Commission to play any role in the establishment, maintenance, or alteration of fire protection districts in Adair County. The Missouri legislature has provided a detailed statutory scheme to address issues involving county fire protection districts. Those statutes give the Commission no part in that process."
Tschannen wrote that the "Commission believed it to be the final arbiter of those boundaries" but in finding for the Greentop Volunteer Fire Association wrote that the letter "has absolutely no legal viability of any kind and that the letter...is completely meaningless and not binding for any purpose."
Sarah Crawford, a Greentop Volunteer Fire Association board member and one of the plaintiffs in the lawsuit, said the ruling helps restore confidence to those living within the Greentop association's boundaries.
"With members getting bills from several different fire departments they could be paying all of them or not paying any with the confusion," she said, estimating the association lost close to $30,000 in the last several years due to the ongoing border disputes.
"For a volunteer fire association, it is significant," Crawford said of the funds.
Crawford also said while some rural fire districts have discussed going to a tax-based funding system, the Greentop Volunteer Fire Association will remain dues-based.
"We want to put our members on the Adair County side at ease," she said.
Adair County Commissioner Bill King, who was not part of the Adair County Commission at the time of the events or when the lawsuit was filed, said the rulings were not unexpected.
A bench trial is scheduled for March 29 in Adair County Circuit Court for arguments on the remaining counts. They include alleged Sunshine Law violations for disclosing records, keeping meeting minutes and hiding Sunshine violations.
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