Appellate court affirms Madison Village’s victory in fire station dispute

Madison Village Council did not abuse its power by voting to reimburse the Madison Fire District for improvements to a former fire station, an appellate court ruled this week.

The 11th District Court of Appeals panel also upheld a visiting Lake County Common Pleas Court judge’s decision finding no conflict of interest existed involving the three councilmen who supported reimbursing the Fire District.

Former Councilmen John Hamercheck and Kenneth Cahill filed a lawsuit in Lake County Common Pleas Court in December 2014 to prohibit the village from reimbursing the Madison Fire District for improvements to Fire Station No. 1, which was located on North Lake Street.

Cahill and Hamercheck, who is now a Lake County commissioner, wanted to stop the village from making payments totaling $189,000 to the fire district.

The village’s other council members, Duane Frager, Ken Takacs and Mark Vest, supported reimbursing the fire district.

Hamercheck and Cahill also accused Frager, Takacs and Vest of having a conflict of interest by voting to fund the buyout since the trio also sat on the Fire District Board of Trustees.

Last July, retired Stark County Common Pleas Judge Virgil Lee Sinclair ruled in favor of the village.

The Madison Fire District was formed by the village and Madison Township in 1971. The district has a board of six trustees, three of whom are members of Madison Village Council. The other three trustees are from Madison Township.

“Ohio law permits a Village council member to serve on a board in another entity in their official capacity as part of their official duties,” appellate Judge Diane V. Grendell stated in her 3-0 opinion. “Thus, the Village Council members serve on the Fire District solely because they are Village Council members.”

In 1982, the village and fire district entered into a lease involving Fire Station No. 1. The property is owned by the village and leased to the fire district. The lease states that the building and real estate would revert to the village’s control if the property was not being used as a fire station.

On appeal, Hamercheck and Cahill argued there was no legal basis to compensate the Fire District.

Grendell said it was not up to the court to decide whether the buyout was a wise use of taxpayer funds.

“That is left for the voters of the Village of Madison to determine at the ballot box,” she said.

Appellate Judges Cynthia Westcott Rice and Timothy P. Cannon concurred.

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