The Carbon County Clerk of Courts is explaining an error that took place regarding a defendant in a case not receiving notice that a judge had ruled in the matter.

Last week, Nesquehoning Borough Council announced that Judge Steven Serfass had ruled in the case against Richard Emmert over 3 and 5 High St., which were heavily damaged as a result of a fire six years ago.

On Friday, Tyra Boni said that she “had reviewed the matter thoroughly.”

“The error arose as a result of the manner by which the state computer software designates parties to receive notice of court orders,” she said. “After extensive investigation of how to work around this issue, I have established a protocol which I believe will prevent this software error from affecting service of orders again.”

The problem came to light on March 22, when borough solicitor Robert Yurchak inquired about the status of the case.

He was told that Serfass had ruled in the borough’s favor on Feb. 10. The court’s opinion gave Emmert 60 days to either demolish the structures or rehabilitate them, and also imposed a $100 a day fine.

After the 60 days are up, if nothing has been done with the property, the borough is then permitted to demolish the structure and put a lien on the property.

At the time, Councilwoman Abbie Guardiani said that the borough hadn’t been notified by the clerk of courts office and council expressed that they hoped Emmert had been notified because more than 30 days had already passed.