CLEARFIELD – A court order served on Dustin Quigley of D. Quigley Properties LLC giving Clearfield County access to his North Third Street property for inspections, cleanup and repairs to one wall of its administrative offices has since been lifted, according to Commissioner Chairperson Joan Robinson-McMillen.
At Tuesday’s commissioner’s meeting, Robinson-McMillen reported that ServPro of Brookville has completed its exterior work on the wall damaged by a Feb. 9 fire at Quigley’s property, which formerly housed the Ethan’s Café/The Angry Bean and Rick Evans Photography. The commissioners, she said, would not be commenting any further on the matter.
Quigley recently posted a sign on his vacant property to claim “CORRUPTION STINKS.” The sign claims “dishonest or fraudulent conduct by those in power.” He also spread manure around the sign at the property.
Quigley’s property neighbors the Clearfield County Administrative Offices located at 212 E. Locust St. When asked by the press if the commissioners would comment on Quigley’s sign, Robinson-McMillen said, “No. It’s freedom of speech.”
“If there’s a fire that you think shouldn’t be burning, you don’t pour gasoline on it by making public comments,” added County Solicitor Kim Kesner.
In a phone interview with GantDaily.com yesterday, Quigley indicated he posted the sign after a series of events unfolded between him and the county. Quigley’s attorney, Peter F. Smith, will release a formal statement at a later date.
In a press release to GantDaily.com last month, 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 CCAO.
Quigley stated the judge’s order had been granted in the interest of public safety. But he disagrees.
“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 neighbors 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 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.