Judge returns Chopmist Hill firefighters to station

PROVIDENCE - Superior Court Associate Justice Jeffrey A. Lanphear has issued a temporary restraining order that requires the Scituate Town Council to turn the Chopmist Hill Fire Station over to the Chopmist Hill Fire Department Friday morning, Oct. 30.

The Town Council evicted the Fire Department on Sept. 22 under the legal doctrine of self help, utilizing the Police Department to carry out the eviction.

Judge Lanphear upheld the nine-year-old lease between the building’s owner Wednesday, Oct. 28, the town, and the Chopmist Hill Fire Department. The town removed the department’s fire trucks in September; the council returned them to the station recently and appointed a temporary chief. Judge Lanphear said the Chopmist firefighters can not use the equipment pending an injunction hearing on Nov. 10.

“Town would not agree to give trucks back,” said John L.P. Breguet, lawyer for Chopmist Hill. “The town says it owns the trucks. We feel the safety of the people of Scituate is more important. Until Nov. 10, we will agree to keep trucks at Chopmist Hill fire station. Rather than have the trucks be out in the rain somewhere we will keep them there to preserve the equipment.”

“If there is a fire in the area we offered to help. If North Scituate needs help, we will help out. Our offer was turned down. For any reason assistance is needed, we have trained folks. The town would not accept our help. We just want it known that should something nasty happen the Chopmist Hill Fire Department offered and was turned down,” he said.

Breguet said other fire departments “will have full access to the trucks, we will not interfere verbally or physically. They have access to the bay and equipment. Our bathroom facilities are also available to them.”

Council President Robert Budway said he had no comment.