FARGO, N.D. – A lawsuit has been filed in East Central Judicial District Court in Fargo by the Southern Valley Fire and Rescue Rural Fire Protection District (SVFR) against the City of Fargo and Cass County.
Southern Valley Fire and Rescue provides fire and emergency services to Briarwood, Horace, Hickson, Oxbow, Wild Rice, Prairie Rose, Frontier and St. Benedict as well as the townships of Stanley Township, Pleasant Township and parts of Warren Township, as well as mutual aid to several other departments, according to its website.
The suit, filed earlier this month, involves seven counts and asks for the court to file a preliminary and permanent injunction against both Fargo and Cass County. The injunction would prevent Fargo from ‘illegally removing property’ from SVFR’s territory, while Cass County would not be allowed to illegally distribute SVFR’s tax revenue to Fargo.
The suit also asks for a writ of mandamus ordering Fargo to return all ‘illegally acquired’ property and tax revenue from SVFR’s territory to the district, along with forcing Cass County to ‘properly distribute tax revenue’ and return all ‘illegally acquired tax revenue’ to SVFR.
According to the lawsuit, ‘Fargo has annexed and expanded its city limits under N.D.C.C. chapter 40-51.2 to include territory within the SVFR district.’
The previous border, prior to growth to the south, was the border between Stanley and Barnes Townships and the border between Warren and Mapleton Townships. The boundary now is 52nd Avenue South within the city of Fargo’s limits.
They’re also seeking a financial judgment against Fargo and Cass County in the amount of more than $700,000.
The City of Fargo has released a statement, saying, “The City of Fargo is aware that Southern Valley Fire & Rescue has commenced a lawsuit against the City and Cass County. The North Dakota Insurance Reserve Fund for whom the City has coverage for such actions, has retained the law firm of Pearson and Christensen to represent the City as well as Cass County. The City rejects the claims being made by Southern Valley Fire & Rescue and intends to vigorously defend the claims that have been lodged.”
