Three families whose property inadvertently burned when a prescribed fire by the Helena National Forest raced out of control in 2010 are suing the federal government, saying they should be compensated for the “negligent and wrongful acts and omissions” of Forest Service employees. Plaintiffs Darrell and Linda Holmquist, Randy and Brandon Henry and Kent Taylor filed the lawsuit in U.S. District Court in Helena this week. They allege that when the Forest Service ignited the Davis prescribed fire southeast of Lincoln on Aug. 25, 2010, it grew out of control, causing the “total destruction” of their property, which surrounded the fire area. They also allege that the Forest Service failed to use reasonable judgment by not notifying nearby landowners or local firefighters about their plans to ignite the fire. “The Davis Fire took place under extreme weather conditions consisting of gusty winds and very warm temperatures. In fact, the prescribed fire was set during a fire weather warning,” John Heenan, the attorney for the families, wrote in the lawsuit. “The Forest Service failed to follow its own guidelines for proper prescribed fire implementation in starting the Davis Fire. “… Had the Forest Service notified Plaintiffs, they would have been able to take measures to protect their properties and/or ensured that the Forest Service took measures to do so.” The Holmquists own 59 acres near the fire, which burned in the Stemple Pass area. The Henrys own 95 acres, and Taylor owns 142 acres. They noted that under Montana law, had the Forest Service been a private citizen, it would be liable for damages caused by setting or leaving a fire that spreads and harms someone else’s property...
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