SUNBURY - Dennis Molesevich Sr. is thrilled the courts ruled in his favor in a complicated civil case over coal royalties on approximately 420 acres in the Natalie area. He is also disgusted that Northumberland County put so much effort into the case.
"We had people lined up for jobs and we had to cancel equipment orders, and I don't understand why they did it," said Molesevich, owner of Natalie Mountain Estates. "It didn't make any sense to me. Why would our government want to do something like this, spend taxpayer money, cost jobs and then brag about it?"
Although the courts ruled against the county, Molesevich said he is looking into the possibility of taking action.
"Business will start back up, but I want to see what kind of damages have been inflicted upon me. I don't have the availability to spend someone else's money as the county commissioners do," he said. "It's disgusting that you have to get up for work and fight your own government."
Commissioners Vinny Clausi and Frank Sawicki declined comment on Molesevich's accusatory words.
"I don't know anything about it. It was never discussed with me," said Clausi of the rulings. He also noted he wasn't a commissioner when the original issue was raised.
The July 21 determination by Lycoming County Judge Dudley N. Anderson rules that the county may not make any claim to mineral rights on the Natalie land or pursue what could have been as much as $1.2 million in lost tax revenue.
In 1971, Robert Rosini, who now lives in Maryland, acquired the surface rights for 419.22 acres of county-owned land from Circle Coal Co. Over the ensuing years, Rosini sold off certain parcels of the property to people who eventually built homes on the lots.
On July 20, 2006, Rosini filed a quiet title action to clear the title and make any other claims to the property extinct by operation of law. By filing the quiet title action with the Court of Common Pleas, Rosini's intention was to include both surface and mineral rights with the property.
On the same day the quiet title action was granted by the court, Rosini sold the property with the mineral and surface rights to Molesevich for approximately $800,000. The prothonotary didn't stamp the docket for a transfer of county land, which Anderson ruled earlier this year to mean it is not a valid or legal document.
'Extremely untimely'
After the January determination, which set the clock back and gave the county the opportunity to file the proper paperwork for an appeal, Molesevich and his attorney Robert Muolo filed to strike the county's answer because it was too late.
"They're over 1,100 days off the mark when they should have appealed it," said Molesevich.
Court documents from Anderson state, "With respect to promptness, the instant motion (from the county) was filed Feb. 25, 2011, nearly five years after the order of May 18, 2006. Needless to say, the motion before the court was not prompt.
"There has been a complete lack of explanation regarding 2008 and 2009. Accordingly, for lack and promptness and reasonable explanation, the court will not reconsider the order of May 18, 2006," he added.
Without good cause or the failure to file an answer in a timely fashion, the "extremely untimely answer" will be stricken, according to court documents.
The court has also considered the significant investment Natalie Mountain Estates has made in the property during the time period the commissioners failed to respond, said court documents.
"In the court's opinion, fairness dictates the instant results," said Anderson in the documents.
The county has the option of appealing to the Commonwealth Court.
While he reserved comment on Molesevich's accusations against the commissioners, Sawicki said the county will appeal the July 21 ruling.
"The amount of coal up there is substantial in the amount of 1 to 2 million tons. It's a lot of money for the taxpayers to lose," he said.
He noted the county won the first time, Natalie Estates won the second time, and, "Now we're going for round three."