A hearing has been scheduled for a motion seeking a change to a judge’s ruling in a case involving Leavenworth County Fire District No. 1.

A hearing has been scheduled for a motion seeking a change to a judge’s ruling in a case involving Leavenworth County Fire District No. 1.

The hearing is scheduled for Jan. 30 in Leavenworth County District Court. District Judge David King will hear arguments for a motion filed by attorneys for the city of Lansing.

The motion was filed in a case involving a legal dispute about a 2003 interlocal agreement that was used in establishing Leavenworth County Fire District No. 1.

The fire district provides services to the city of Lansing and Delaware and High Prairie townships.

Officials with Lansing are seeking to terminate the 2003 interlocal local agreement and start a city fire department. Lansing officials have argued the assets of the fire district should be split up among the parties upon the termination of the agreement.

Attorneys for the two townships filed a lawsuit last year, arguing a termination provision in the interlocal agreement is contrary to state law concerning the disorganization of fire districts.

In November, King ruled that an “interlocal agreement cannot be used to require the apportionment of all of the property of a fire district on a party’s termination of the interlocal agreement.”

King also ruled that a city seeking to withdraw from a fire district must do so in accordance with state law.

Attorneys for Lansing have filed a motion asking the judge to alter or amend his ruling.

The motion argues the fire district’s assets should be apportioned upon termination of the agreement.

The motion also argues the authority to alter or disorganize Leavenworth County Fire District No. 1 is vested with the fire district’s governing board and not the Leavenworth County Commission. Attorneys for Lansing argue the County Commission turned over this authority to the fire district’s board as part of the 2003 interlocal agreement.

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