The *Morris Daily Herald* recently published an article detailing the resolution of a long-standing legal dispute between the Gardner Fire Protection District (FPD) and the Gardner Volunteer Fire Department (VFD). The case, which has been in the courts for several years, has now reached a conclusion with the appellate court supporting the fire protection district's position.
In a statement released on Wednesday, Richard Porter, attorney for the Gardner FPD, said the appellate court fully upheld the original ruling. "The decision affirmed our motions in full. Unless the department seeks a petition for review from the Supreme Court, this matter is settled," he explained. Porter added that he doesn’t expect the state’s highest court to take up the case.
Contact attempts with Tim Rathbun, the VFD’s attorney, were not immediately returned. Similarly, a call to former Fire Chief Randy Wilkey also went unanswered.
The conflict began years ago when the FPD decided to end its contract with the volunteer department. Under the agreement, the VFD, led by Wilkey, provided essential fire services to the community using tax funds from the district. According to Porter, the FPD accused the VFD of misusing funds for legal expenses related to a trustee election and failing to account for a $47,000 credit card balance. The VFD, however, argued that they had the right to use their own money as they saw fit.
In response, the VFD filed a lawsuit, claiming the FPD had terminated the contract "arbitrarily and capriciously" and that the decision was outside the district’s authority. A year ago, Judge Robert Marsaglia ruled in favor of the FPD, stating that it had the right to end the contract if the VFD failed to provide satisfactory service.
The VFD then appealed the decision, but the Illinois Appellate Court’s Third District recently confirmed that the original ruling was correct. In its order, the court stated, "We cannot say that the district acted arbitrarily or capriciously when terminating the agreement based on the department’s refusal to comply with its reporting duties." It further noted that it would be misleading for the VFD to claim the parties’ expectations included denying the district the right to review credit card charges. The court emphasized the importance of financial accountability, pointing out that the agreement required detailed budget submissions.
The feud initially erupted when Wilkey refused to provide original receipts for bill payments, as requested by the district. This led to a breakdown in communication and eventually to the district no longer recognizing him as chief. The situation escalated into a legal battle that has now come to a close.
Thanks, Dan.
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