Canyon Creek Rural Fire District settles lawsuit alleging open meeting violations

The Canyon Creek Rural Volunteer Fire District board of trustees agreed to pay plaintiffs $19,500 to settle a lawsuit that stemmed from a previous board's alleged open meeting violations.

The lawsuit was filed by 13 plaintiffs in October 2024, but the number of plaintiffs still attached to the case dwindled to nine over time.

The settlement will be paid using taxpayer dollars from a reserve fund made up of some leftover money from the previous year's budget, so the settlement will not impact the current operating budget, according to board treasurer Wendy Smith-Adamson.

The funds will be used to pay for half of the plaintiffs' attorneys fees, Smith-Adamson said.

"The lawsuit was an absolute nightmare because of the players involved," she said. "... But we were grateful to get it settled for only half of their attorneys fees. They split it with us."

Former board chair Jim Thomas, who was on the board that was sued in 2024, said he was very glad to have the suit settled and that the plaintiffs were gracious to only make the board pay half of the fees.

Thomas said he felt if the lawsuit would have continued through the court system to summary judgment, "(plaintiffs) could have won."

The board members at the time that were sued as a board in 2024 included Smith-Adamson, Thomas, Max and Ellen Eskildsen and Richard Grady.

Grady was the former chair of that iteration of the board, but was ousted in a recall vote, creating a vacancy that Thomas filled through a Lewis and Clark County Commission appointment.

Throughout the lawsuit's tenure, members of the board and department fluctuated.

The Eskildsens resigned from the board, Grady was ousted, and former Fire Chief Jonathan Cunningham was reappointed as chief after being demoted and resigning.

When given a deadline on Wednesday, Grady and Eskildsen declined to comment for this story, each saying they did not want their names used in a story about the lawsuit.

The plaintiffs also requested Cunningham be reappointed as fire chief in the lawsuit. He was, but ultimately resigned from the fire district at the beginning of this January, Cunningham confirmed Tuesday.

Smith-Adamson said Cunningham was not afforded an opportunity to grow under a previous board, so when the new board was created, he was given his chance.

"He was wrongfully demoted," she said about Cunningham's change in position in the first place.

Cunningham said on Tuesday that he was glad that the lawsuit was settled and that the Canyon Creek community could move forward.

"I always tried to do my best to support the community and I wish them nothing but the best in their future endeavors," he said.

The Canyon Creek Rural Fire District fire house, 7560 Duffy Lane / SONNY TAPIA, Independent Record
Three Canyon Creek Rural Fire District board members listen to public comment from John Keller, firefighter, during a Sept. 21, 2024, board meeting. / SONNY TAPIA, Independent Record