Montana VFD gets Split Decision from District Court

Posted by: Curt Varone June 22, 2012 1 Comment

A Montana volunteer fire department has lost its bid to deliver first responder emergency medical services, but has been able to keep its doors open.

Earlier this year, the Cabinet View Volunteer Fire Department was closed down by Lincoln County allegedly for failing to meet state requirements. At the time the department was seeking to expand its services and provide first responder EMS. The company filed suit against Lincoln County, Lincoln County Sheriff’s Department, and Troy dispatch seeking to override the objections of the county to the department responding on EMS runs and clarify its right to respond to fires.

On Wednesday, a district court judge ruled that the company had the right to respond to structure fires and wildland fires, but not medical incidents without county approval. In essence the court concluded that the department cannot expand services without county approval.

According to news reports, the department has another option to provide the services it wants to offer: obtain 226 signatures from area residents. That may not seem like a big deal except the area CVVFD serves only has 60 residents.

More on the story.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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