The *Morris Daily Herald* recently published an article detailing the conclusion of a long-standing legal dispute between the Gardner Fire Protection District (GFPD) and the Gardner Volunteer Fire Department (GVFD). The case, which has been under review for several years, reached a final decision this week when the Illinois Appellate Court upheld a lower court’s ruling in favor of the fire protection district.
According to Richard Porter, an attorney representing the GFPD from Hinshaw & Culbertson LLP, the appellate court fully supported the district’s position. “The decision affirmed our motions entirely. Unless the department seeks a petition for review from the Supreme Court, the matter is settled,†Porter said on Wednesday. He added that he doesn’t expect the state’s highest court to take up the case. “I don’t think they’ll accept it.â€
Meanwhile, the GVFD’s attorney, Tim Rathbun of Rathbun, Cservenyak & Kozol, did not return calls for comment. Former Fire Chief Randy Wilkey also could not be reached for his perspective.
The conflict began years ago when the fire protection district decided to end its contractual relationship with the volunteer department. Under the agreement, the GVFD, led by Wilkey, provided fire services to Gardner using funds allocated by the district. However, the district claimed the department misused its resources, including $47,000 in unaccounted credit card charges, and spent money on legal fees related to an election for district trustees.
In response, the GVFD filed a lawsuit, arguing that the district had no right to terminate the contract without just cause. A year ago, Judge Robert Marsaglia ruled in favor of the district, stating that it had the authority to end the contract due to the department’s failure to meet service standards. The GVFD then appealed the decision.
On Tuesday, the Illinois Appellate Court’s Third District confirmed that the original ruling was correct. The court stated that the district had not acted arbitrarily or capriciously in terminating the agreement, especially given the department’s refusal to provide proper financial documentation. “It would be misleading for the department to claim that the parties’ expectations included denying the district the right to review the department’s credit card charges,†the court noted. It further emphasized that the contract required detailed budget reporting as part of financial oversight.
The dispute escalated when Wilkey refused to provide original receipts for billing purposes, leading the district to withhold payments. This eventually resulted in a legal battle, with the district no longer recognizing Wilkey as chief.
The resolution marks the end of a bitter legal struggle that has drawn attention from local residents and officials alike. While the outcome favors the fire protection district, the situation highlights the challenges of managing public resources and maintaining transparency in emergency services.
Thanks, Dan.
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