By HOYT ELKINS

The Union Democrat

A lawsuit against the West Point Fire Protection District goes to trial Aug. 14, in the wake of a failed attempt by Concerned Citizens for Responsible Government to delay the proceedings and secure a summary judgment in the case.

William Doherty, of West Point, the driving force behind Concerned Citizens, has challenged the results of a benefit assessment election in which a large majority of property owners in the district agreed to levy parcel fees on themselves in order to have 24-hour staffing in area fire stations.

Doherty claims the district's benefit assessment was flawed and that the assessments on unimproved property are unfair.

The last-minute challenge by Doherty forced the cash-strapped district to place $137,000 in assessments on hold while the matter works its way through the courts.

"There are lives and property at stake here," said attorney Sophie-Nicole Froelich, who represents West Point Fire. "The sooner we validate the assessment, the sooner the district can get back to providing essential fire protection services to those within its jurisdiction."

Doherty's lawsuit has crippled the fire district which serves a 108-square-mile area in the remote, heavily- timbered area of northern Calaveras County. The district has been forced to reduce staffing and divert operating funds to legal defense.

Concerned Citizens petitioned the court on July 23 for a continuance in the case. It was denied by Assigned Judge William M, Kelsay.

Community fundraisers sponsored by Friends of the Fire District have raised more than $30,000 for the district, but that money is dwindling.

The district now has 24-hour staffing only two days a week and some residents of the West Point and Wilseyville area face cancellation of their fire insurance because of a reduced fire safety rating resulting from the legal entanglement.