Proceeds of firehouse sale were at issue
By: Cara Latham
FIELDSBORO The borough’s case against the Fieldsboro Memorial Fire Company over the proceeds of the sale of the company’s firehouse was settled last month when the borough agreed to drop its case against the company.
On Aug. 18, in front of Superior Court Judge Craig L. Wellerson in Mount Holly, the borough agreed to settle its claims against the fire company, which in turn will get the proceeds of the firehouse sale, said the company’s attorney Thomas Barron of Moorestown.
Mr. Barron said the property originally sold for about $125,000 to $175,000, and that as a result of the settlement, the fire company will only receive the money that is left over after the mortgage is paid. That turns out to be "somewhat less than $15,000," he said.
The fire company will use the money to pay off bills and to assist other departments and agencies, said Mr. Barron.
"We were fairly confident that the borough didn’t have a claim against the fire company because it didn’t have business with the fire company in over 10 years," said Mr. Barron, who added that the fire company was relieved the case didn’t have to go any further. "During the course of the case, the financial records of the fire company were revealed, and the borough got to look at them," he later added.
The fire company was founded in 1955, but has always operated and responded to calls in Fieldsboro at the consent and authorization of Bordentown City, who are the primary providers of fire protection of the borough, said Mayor Ed "Buddy" Tyler. In 1990 the company, because of lack of membership, voted to open the charter to allow other members to join, he said. In 1996, they were unrecognized by the borough.
"This group either couldn’t or didn’t want to comply (with regulations set forth by Bordentown City), and on the recommendation on the advise of our attorneys, we ceased all recognition of them as a company," said Mayor Tyler. "They were taken off the grid" by the Burlington County Fire Police, he added.
Mayor Tyler said the company is still chartered by the state.
The borough had expressed interest in purchasing the firehouse, located on Second Street, when the fire company put it up for sale in 2004. The borough filed a lawsuit against the fire company "to stop them from selling it and to establish that (the borough) had established a trust with the firehouse," Mayor Ed "Buddy" Tyler said last month before the settlement. With the lawsuit, the borough also wanted the fire company to open its financial records to be reviewed.
"We had sponsored and supported it financially, both the municipality and residents," Mayor Tyler said.
The borough filed a lis pendens (notice of pending legal action) against the sale of the firehouse, which would have blocked the sale, said Mr. Barron. But, early on in the case, "we convinced the judge to release the lis pendens, and we said that we would put the net proceeds (from the sale) into court until the case was resolved," Mr. Barron said.
In October 2005, the Borough Council passed an ordinance authorizing the purchase of the Fieldsboro firehouse for about $160,000, but canceled the ordinance in July. The real estate agent that bought the site to resell it raised the price from about $125,000 to $225,000, and the borough had already purchased the American Legion building on the corner of Washington and Front streets while it was trying to buy the firehouse, Mayor Tyler said.
The American Legion building was situated on land adjacent to a baseball field, most of which the borough had purchased from the American Legion years before, Mayor Tyler said. While the borough was waiting for Green Acres money to purchase the land from the American Legion, the American Legion was going to sell its property, and the borough moved forward to purchase the land for $140,000 without the Green Acres money in order to keep left field. The borough didn’t want to strap the taxpayers with paying for two buildings, Mayor Tyler said.
The fire company’s building has been demolished by its new owner.
"Once the judge had ruled that (the fire company) could sell the property it really became a moot point," said Mayor Tyler. "Then, it would be wasting taxpayers money to continue," with the lawsuit, he said.
"We could have followed through to the financial end of it, but to what avail?" he said, adding that "if it had continued, it would have been misconstrued as a personal thing."
He said, "I wish them well, wherever they are."
Mayor Tyler said that it didn’t make much sense to go to court and spend legal fees. He was expected to give a confirmation of the borough’s decision to drop the case at Wednesday night’s Borough Council meeting.

