WILLIAMSPORT -- A 123-year-old volunteer fire company in Lycoming County is fighting efforts to force it to dissolve.

Independent Fire Co. No. 1 in South Williamsport has filed suit in Lycoming County court against the borough and its fire board.

The litigation is the latest in a dispute stemming from borough council enacting an ordinance that May 1 merged the three volunteer fire companies into the South Williamsport Fire Department and created a fire board to run it.

Council decertified Independent after it refused accept the merger with the other two volunteer companies, First Ward and Citizens. As a result Independent cannot respond to fires with its two pumpers.

Independent, which was incorporated in 1895, says it was willing to accept the merger but it would not agree to give the borough ownership of its rental properties, equipment and financial investments.

The company's suit claims the "forced merger" and the "hostile and forced governmental dissolution and asset grab" is unconstitutional.

The state attorney general's office is seeking a court order to dissolve Independent, claiming that since it has been de-certified, it no longer complies with its mission as a charitable organization which is to fight fires in the borough.

Since making its position known on the merger, Independent claims the borough has made a concentrated effort to "freeze out, injure or inhibit" its ability to operate as a fire company.

It cites being labeled a defunct fire company, the intervention of the attorney general's office and interference with discussions to provide service to neighboring communities as examples.

The lawsuit contends council violated the Pennsylvania Municipal Authorities Act, the state constitution and exceeded its statutory authority when it formed a fire board that is quasi-municipal in nature.

It takes issue with the board now making all decisions instead of each firefighter having a vote, as in the past.

Independent claims it has been defamed, lost its ability to fight fires and cannot apply for state and federal grants.

It wants the court to order council to apologize, stop interfering with Independent's right to exist and enact an ordinance recognizing it as a fire company.

It also wants unspecified damages, reimbursed for legal costs and a redesign of the borough fire department to give each volunteer a vote.

Judge Nancy L. Butts has scheduled an April 19 hearing on the suit. Borough manager Michael Miller had no comment.

The attorney general's office in December agreed to delay for 60 to 90 days court action on its petition, which if granted, would dissolve Independent.

The petition also seeks an account of all money Independent has raised since Jan. 1, 2016.

Butts expressed hope then the dispute could be resolved before the stay period ended but reportedly no talks have taken place.

The judge recently granted permission for the borough to intervene in the legal dispute.