Chillum-Adelphi Volunteer Fire Dept., Inc. v. Board of County Com'rs for Prince George's County

• Decision Date: 03 July 1967
• Docket Number: CHILLUM-ADELPHI,No. 658,658
• Parties: VOLUNTEER FIRE DEPARTMENT, INC., et al. v. BOARD OF COUNTY COMMISSIONERS FOR PRINCE GEORGE'S COUNTY, Md. et al.
• Court: Maryland Court of Appeals

Page 373

247 Md. 373

231 A.2d 60

CHILLUM-ADELPHI VOLUNTEER FIRE DEPARTMENT, INC., et al. v. BOARD OF COUNTY COMMISSIONERS FOR PRINCE GEORGE'S COUNTY, Md. et al.

No. 658.

Court of Appeals of Maryland.

July 3, 1967.

Karl G. Feissner, Hyattsville (Alpern & Feissner, Hyattsville, and William L. Kaplan, Washington, D. C., on the brief) for appellants.

Lionell M. Lockhart, Upper Marlboro (Harry L. Durity, James J. Lombardi, Martin Hertz and James F. Sharkey, Upper Marlboro, on the brief) for appellee Board of County Com'rs for Prince George's County.

L. Harold Sothoron, Upper Marlboro, for appellee Brentwood Volunteer Fire Dept., City of Brentwood, Paul M. Nussbaum, Hyattsville, on the brief for appellee City of Mt. Rainier, The Volunteer Fire Dept. of Mt. Rainier.

Before HAMMOND, C. J., and MARBURY, OPPENHEIMER, BARNES and mCWILLIAMS, JJ.

BARNES, Judge.

In this case, we are asked to determine the relative duties and areas of authority of certain volunteer fire companies in Prince George's County.

The Chillum-Adelphi Volunteer Fire Department, Inc. (Chillum Fire Department) was incorporated in 1951 'to protect the properties and lives' in the Chillum-Adelphi area by 'extinguishing and supressing fires.' Believing these purposes were being frustrated by the actions of the County Commissioners of Prince George's County and the neighboring volunteer fire departments of Brentwood and Mount Rainier, Chillum brought a bill in equity for declaratory relief in the Circuit Court for Prince George's County. Two individual taxpayers, owning property in the 17th Unincorporated Election District, served by the Chillum Fire Department, joined as plaintiffs on behalf of themselves and others similarly situated. $tThe principal relief sought below was that the Chancellor (1) requires the Fire Control Board of Prince George's County to dispatch the Chillum Fire Department to all fires within the 17th Election District; and (2) require the volunteer fire companies panies of Brentwood and Mount Rainier to submit to the command of the Chillum Fire Department while fighting fires in the 17th Election District. The plaintiffs also asked the Chancellor to declare that the Chillum Fire Department had authority to enforce the Prince George's County Fire Code within the 17th Election District.

The Chancellor (Powers, J.), after conducting a lengthy hearing and delivering an oral opinion in which he stated that declaratory relief could not be granted, dismissed the bill. A petition for 'modification and reconsideration' was also denied. This appeal by the plaintiffs followed.

The plaintiffs introduced evidence before the Chancellor tending to show that the present regulations governing the duties and responsibilities of the volunteer fire departments involved are not in accord with principles of sound fire safety and have worked consequences inimical to the public welfare. By these regulations instituted by the Fire Control Board of Prince George's County in conjunction with the Volunteer Firemen's Association, Inc., the fire department closest to the blaze is given command responsibility in ordering equipment and directing fire-fighting operations. The plaintiffs also claimed-introducing evidence to support their contention-that the County Fire Marshal has not performed proper fire inspections within the Chillum-Adelphi area. The Chancellor made no finding that these complaints were valid and held that there was no legal justification for granting the relief prayed by the plaintiffs. We believe the Chancellor was correct in refusing to grant the relief prayed.

1.

The plaintiffs based their principal requests for declaratory relief (that the Chillum Fire Department be dispatched to all fires in its district and have command responsibility) upon the theory that the General Assembly has delegated 'primary responsibility' and authority for fire protection in the 17th Election District to the Chillum Fire Department. Therefore, it is urged, any attempted usurpation of that authority either by the Prince George's County Commissioners or by the defendant volunteer fire companies is ultra vires and illegal. We disagree with the plaintiffs' major premise, and hold that the General Assembly has not cloaked the Chillum Fire Department with primary responsibility or 'jurisdiction' in the district that it serves.

It is conceded by the plaintiffs that the General Assembly has passed no statute of general or local application expressly dealing with the jurisdiction of relative duties of volunteer fire departments in Prince George's County. We are referred to no legislation, nor has our own research revealed any statute or local law, from which a definition of such areas of responsibility could be implied.

The plaintiffs point to sections 32-2 and 32-3, Code of Public Local Laws of Prince George's County (1963 Ed.). These sections provide for the assessment of a fire tax on real and personal property within the 17th Election District. The local law directs that the bulk of the tax collected by distributed to the Chillum Fire Department, and that the remainder be distributed, on a percentage basis, to neighboring volunteer fire departments, including the defendant fire departments. The fact that the Chillum Fire Department receives most of the fire tax assessed on property within the 17th Election District may raise the implication that it is expected that Chillum will answer most of the fire calls within that area. This implication cannot be properly extended, however, to include a legislative requirement...