Stamford Superior Court Judge Kevin Tierney is scheduled to hear a lawsuit filed by the volunteer-run Turn of River Fire Department in June 2007 to stop a city consolidation plan.

His decision could determine who is responsible for providing fire protection to residents and businesses in a district that cuts a wide swath through the northern half of the city including the Merritt Parkway.

Since July 1, volunteers and the city fire service, Stamford Fire & Rescue, have responded to calls within the district. The volunteer-run department lost control of its paid employees that day and cannot guarantee a response. Stamford Fire & Rescue established two temporary facilities to house at least six firefighters per shift and two engines within the district.

Volunteers have arrived at about 85 percent of calls since the department lost its paid employees, said Turn of River Chief Frank Jacobellis.

But the current arrangement has some practical challenges.

Two city engines in the district are currently parked in temporary quarters outdoors but cannot remain outside once the temperature drops because of the water they carry.

The volunteers also operate two vehicles - a rescue truck and a water tanker - that are crucial to responses to motor vehicle accidents and locations without hydrants. So arrangements have been made for similar vehicles to respond from outside the district.

Since July 1, Jacobellis and Robert McGrath of Stamford Fire & Rescue, the two chiefs now in charge of fire protection in the district, have exchanged harsh emails. Even so, both said no conflict has arisen at the scenes that could affect safety.

Jacobellis has raised concerns that the two city engines are not properly equipped. McGrath dismissed these concerns as rumors, saying all the equipment Turn of River was concerned about - such as thermal cameras - are carried by the engines.

The chain of events that led to this situation began at the end of May 2007 when the city announced a plan to consolidate three of the five volunteer-run departments, including Turn of River, with Stamford Fire & Rescue to save money and improve fire protection.

Turn of River fought the plan with a lawsuit charging the city with compromising fire protection and violating the Charter and the management agreement between the two parties.

This is the lawsuit that will go before Judge Tierney. An attempt to mediate an agreement between the city and the volunteers failed last month when Turn of River's volunteer members rejected the mediation agreement.

Since May of 2007, volunteer-run Belltown Fire Department fought the city's plan and went all-volunteer. Glenbrook Fire Department, meanwhile, agreed and received an additional city engine and more paid firefighters.

- Staff Writer Wynne Parry can be reached at wynne.parry@scni.com or at 964-2263.