Judge approves agreement to delay hearing on Flint Hill fire’s lawsuit against county
Rappahannock County officials, the former leaders at the Flint Hill Volunteer Fire and Rescue Company and its current leadership have reached an agreement and received blessing from a judge to delay a hearing on a lawsuit seeking to reverse the ouster of the company’s former board of directors, according to court documents.
A Rappahannock Circuit Court judge was originally expected to rule in a hearing on Monday on whether to issue a temporary injunction to block the Rappahannock County Board of Supervisors withdrawal of the former Flint Hill leadership and appointment of replacements.
Instead, Judge James Plowman on Monday approved the parties’ request, filed in court last Friday, that a hearing on the legality of the Supervisors moves be delayed to April 21, among a number of other compromises reached by all involved.
The parties agreed that until the April hearing, the fire company’s newly installed board of directors – Chief David E. Jarrell, President David E. Bailey, Timothy F. Bills, Patrick F. O’Malley and Hugh F. Hill – remain in power with administrative, operational and financial control over the department.
The agreement follows a lawsuit filed last week by the ousted company leadership against the Board of Supervisors and the fire company’s current leaders seeking to reverse what they allege was an “attempted hijacking” of power after officials removed them from office in January and appointed new leaders. The fire company has been the subject of external scrutiny and organizational challenges for years.
The suit sought to prevent the new leadership from maintaining authority over the fire company or its finances and to reinstate the former directors: Karen A. Williams, Michael R. Williams, Sherry Hamill-Huff, Bruce D. Williams, Samuel G. Foreback, Charles T. Baker, Patsy L. Baker, and Norma J. Settle.
As part of the agreement, the current leaders are prohibited from holding board meetings, except in the event of a declared state of local emergency. They also agreed to not dispose of the company’s financial assets, with the exception of normal operating expenses, and other property – a term sought by the former leaders in the lawsuit. Current members of the fire company will retain their membership status, according to court documents.
The parties also agreed that County Administrator Garrey Curry and Emergency Services Coordinator Sean Polster will respond to subpoenas by March 7.
Polster, along with other county officials, were alleged to have “seized” control of the company’s firehouse, changed entry codes and posted notices saying the station was closed immediately following the ouster of former leadership. The suit, filed by local attorney David Konick, alleges the officials did not have the authority to set foot on the company’s property.
Konick in an interview on Friday said he and his clients agreed to the terms of the delay request because it addressed many of their concerns with the new leadership’s authority.
Jeremy Capps, a Richmond-based attorney for the county, was not able to be reached for comment. Nor was Warrenton-based attorney Whitson Robinson, who represents the fire company’s current leaders.