Lawsuit between Gardner VFD & Gardner FPD
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July 01 11:24:13, 2025
The *Morris Daily Herald* recently published a story detailing the final outcome of a long-standing legal battle between the Gardner Fire Protection District (FPD) and the Gardner Volunteer Fire Department (VFD). The case, which has drawn considerable attention from local officials and residents, ended in favor of the fire protection district after an appellate court upheld the original ruling.
In a statement released Wednesday, Richard Porter, attorney for the Gardner FPD, said the court's decision fully supported their position. "The court affirmed our motions entirely," he said. "Unless the department files a petition for review with the Supreme Court, this case is over." Porter added that he doesn’t expect the state’s highest court to take the case, calling it unlikely.
The VFD’s attorney, Tim Rathbun, did not return calls for comment. Similarly, former Fire Chief Randy Wilkey was unreachable as of Wednesday.
The conflict began several years ago when the FPD terminated its contract with the VFD. Under the agreement, the volunteer department, led by Wilkey, provided emergency services to the community using public funds. The district claimed the VFD misused its money, specifically pointing to $47,000 in unaccounted credit card charges and the use of funds for legal battles related to elections for district trustees.
The VFD, however, argued that they had the right to manage their own finances and that the district had no authority to interfere. They filed a lawsuit, claiming the termination was arbitrary and capricious, and that the district had no legal grounds to end the contract.
A year ago, Judge Robert Marsaglia ruled in favor of the FPD, stating that the district had the right to terminate the contract if the VFD failed to meet service standards. The VFD appealed, but the Illinois Appellate Court’s Third District upheld the lower court’s decision last week.
In its ruling, the appellate court noted that the district had acted within its rights when ending the contract due to the VFD’s failure to comply with financial reporting requirements. "It would be misleading for the department to argue that the parties' expectations included preventing the district from reviewing the department’s credit card charges," the court stated. It also emphasized the importance of financial transparency, noting that the agreement required detailed budget submissions.
The feud escalated when Wilkey refused to provide original receipts for bill payments, leading the district to withhold payments. This ultimately resulted in the district no longer recognizing him as chief and the legal dispute that followed.
This resolution marks the end of a significant chapter in the ongoing relationship between the two fire departments, and both sides now appear to be moving forward with the final judgment in place.