Kesner: County Receives Claim from Quigley

(Photo by Jessica Shirey)

(Photo by Jessica Shirey)

CLEARFIELD – The Clearfield County Commissioners have received a claim from Dustin Quigley of D. Quigley Properties LLC “for amounts to be due for events occurring on and after June 14” at his property located at 112-124 N. Third St., Clearfield, reported County Solicitor Kim Kesner at Tuesday’s workshop meeting.

“Because of the pending claim, the commissioners – under my advice – are not commenting or responding to the media inquiry regarding the events,” he said. “The commissioners had intended on providing a response to the media inquiry, but I have advised against it with the pending claim and the matters around it still evolving.”

Quigley’s Letter

In a press release to GantDaily.com, Quigley stated on June 14, Clearfield County Government authorized individuals to enter his “posted property” located at 112-124 N. Third St. He stated the county neither requested nor received his approval for this, and plastic wrap was applied to his construction vehicles to protect them from any damage.

Quigley stated he notified the Clearfield Borough police of the trespassing in progress, and they responded to the scene. He stated, “I told the PD that I wished to press charges on the party or parties [that were] responsible for authorizing this trespass and vandalism.”

Later that same day, Quigley stated he was personally served by the Clearfield County Sheriff’s Office with a court order issued by a Clearfield County judge. He stated the judge had granted the county immediate and unrestricted access to his property for repairs to be completed at the Clearfield County Administrative Offices.

“[It was] in the interest of public safety. I do not feel there is any justification of public safety issues. It took two-and-a-half-days after the order was served [for the county] to begin work to ensure the safety of the public,” stated Quigley.

County’s Petition

On June 14, the county, through its vice chairman, John A. Sobel IV., Esq., petitioned for temporary access to Quigley’s property. The CCAO are located at 212 E. Locust St., which neighbor the parcel of real estate owned by Quigley at 112-124 N. Third St.

Quigley’s property previously contained two structures that were destroyed by fire the night of Feb. 9. In addition, the CCAO were damaged due to the same fire and included specific damage to one wall that immediately adjoined the two structures destroyed in the fire.

The county has employed ServPro of Brookville to inspect, cleanup and repair the wall. However, ServPro can only access the wall by locating onto Quigley’s property.

According to the petition, Quigley refused to permit the county and ServPro to access the wall through his property. The petition states it’s necessary for the county and ServPro to inspect the wall to ensure the safety of the CCAO.

“It is necessary for [the county] and ServPro to be able to inspect the structural integrity of the wall, as well as to clean and repair it in order to protect the health and welfare of the employees of Clearfield County Government who work in the administrative offices,” the petition states.

The petition states these inspections, cleanup and repairs were also necessary to protect the health and welfare of the residents of Clearfield Borough and the patrons of the businesses in the immediate area.

The petition states the county will not make use of Quigley’s property other than for the purposes of inspections, cleanup and repairs. It states the county will not damage or destroy Quigley’s property and has adequate insurance to protect Quigley from the loss of property or personal injury through its activities to the wall.

“Because of the potential structural damage to the wall, it’s necessary, in the opinion of [the county], that they be granted immediate access to the wall through [Quigley’s] property,” states the petition.

“[The county] respectfully requests that the Honorable Court order [Quigley] to immediately permit the [county], its employees and agents and ServPro, its employees and agents to have complete and unrestrictive access to the Clearfield County Administrative Office Building through the property located at 112-124 N. Third St., Clearfield.”

The county sought for complete and unrestrictive use of the Quigley property until the conclusion of inspections, cleanup and repairs at the CCAO.

Judge’s Order

On June 14, Clearfield County Judge Paul E. Cherry ordered Quigley to immediately give access to the county, its employees and agents, including but not restricted to ServPro and its employees and agents. The judge’s order states that Quigley is to give access until the necessary inspections, cleanup and repairs can be made to the CCAO, so that it’s no longer a threat to the health and safety of county employees and to the residents who are living and using the immediate area.

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