By HOYT ELKINS

The Union Democrat

The West Point Fire Protection District has prevailed in a lawsuit over its right to collect and spend $137,000 in special benefit tax assessments.

Superior Court Judge John E. Griffin Jr., who presided during a two-day trial on the issue last August, has ruled in favor of the district on each of seven causes of action filed against the cash-strapped Fire District by an entity calling itself Concerned Citizens for Responsible Government.

The judge also denied Concerned Citizens' plea to collect attorneys fees because, according to Griffin's ruling, "plaintiffs are not the prevailing party nor have they advanced the public good in this action."

Valley Springs attorney Bob Reeve laid out the Concerned Citizens case during the Aug. 14-15 trial. Griffin wrote in his ruling that Reeve failed to prove that the district was assessing wildland or watershed parcels located in a state responsibility area; that it failed to provide notice of hearings; failed to prove that the district failed to establish a tax ordinance; and failed to demonstrate that the district incorrectly gave Calaveras County a one-percent administrative fee for collecting the assessments.

Judge Griffin's decision comes near the end of the 90-day period within which he was required to make his ruling, and it comes at a point after which West Point Fire officials said they would most likely have to close their doors if they couldn't spend the tax money.

The benefit assessment, which was approved in 2007 by 62 percent of the district's voters, has been on hold since Concerned Citizens filed the lawsuit.

West Point resident William Doherty is the only known member of Concerned Citizens.

"We're very pleased with the outcome," said Sophie Froelich of the San Francisco law firm Nossman LLC which represented the district in court.

"I imagine it is a relief to residents of the West Point district."

The decision, according to Froelich, allows the district to continue providing essential fire protection services to residents of the area.

West Point Fire coffers had been drained by the legal fight. Spokesmen for the district said they managed to keep their fire stations open because the public had held fundraisers to help out.

Contact Hoyt Elkins at helkins@uniondemocrat.com or 736-4092.