Former mayors file as ‘friend of the court’ against Orono

On May 7, four former Orono mayors asked the Minnesota Court of Appeals for approval to file an Amicus Curiae (“friend of the court”) brief in support of the City of Long Lake’s Fire Department after the City of Orono filed an appeal of both the 2023 injunction order and the two contempt orders issued against it by Fourth Judicial District Court.

The request and brief were written on behalf of the mayors by former Minnesota Supreme Court Justice and Orono resident, attorney James H. Gilbert. A ruling on Orono’s appeal, however, is not expected until late this year.

The mayors’ request to file a brief is the latest legal move to fight the Orono’s determined attempt to decouple from its long-standing agreement to share fire services when the current contract with the Long Lake Fire Department expires at the end of 2025. At issue ultimately is whether Orono’s current Mayor Dennis Walsh and the city council can fund, build and staff its own fire department.

The appeals court request in this ongoing controversy in what they describe as one of the wealthiest suburbs in the country will allow the mayors’ brief to oppose Orono’s fire department development as an unnecessary action that threatens the fire safety of area cities in the western suburbs and the fiscal responsibilities of the City of Orono.

The four former Orono mayors - Gabriel Jabbour (Orono Mayor from 1997 to 2000), Barbara Peterson (1991 to 1992 and 2001 to 2006(, Jim White (2007 to 2010), and Lili McMillan (2011 to 2016) - led the City of Orono for over 20 years. As the filing indicates, they collectively provided fiscally responsible municipal services and a safe community, including fire protection, for Orono residents and surrounding communities.

“Our support of the LLFD stems from our deep concerns in this case as former elected government officials, and it reflects the public’s interest as well because the outcome affects a significant number of Minnesota citizens, including residents of Long Lake, Orono, Long Lake, Minnetonka Breach, and Medina who receive fire protection and emergency services from the LLFD,” notes Jabbour. “It directly impacts the safety and welfare of residents in these communities, plus the governance and financial management of the City of Orono.”

“We are concerned about the actions of the currently elected Orono government leaders who, rather than appeal the July 14, 2023, adverse temporary injunction of a year ago, instead defied a court order and breached their fire-protection contract with potential and serious safety ramifications. That earned the city two Contempt of Court citations, which might be a first in the state,” said White.

“If approved by the appellate court, we hope that our amicus curiae brief will assist the Court in rejecting Orono’s appeal, given our long term and valuable experience with municipal decision making,” White continued. “As the brief explains, our management capabilities and experiences of 20-plus years established sound public policy on issues of public safety -- including fire protection -- fiscal responsibility, and government accountability.”