Owner misses property hearing
Failure to appear in court Tuesday cost Brownsville property owner Ernest Liggett more than $20,000. Neither Liggett of Churchill nor his attorney, Lee Grimm of Pittsburgh, showed up Tuesday for a hearing appealing Liggett’s Sept. 11, 2006, conviction for building code violations. Magisterial District Judge Ronald Haggerty had found Liggett guilty of violations at 12 properties. Liggett had appealed that conviction. The appeal hearing was originally scheduled for May 21, but on May 16, Grimm requested a continuance. The new hearing date was Tuesday at 9:30 a.m.
Fayette County Common Pleas Judge Ralph Warman called for the case shortly before 10 a.m., but only the borough’s solicitor, Melinda Dellarose, and her witnesses were present. Warman questioned Liggett’s absence.
“Somebody had mentioned to me that they were going to file a continuation, but I haven’t received anything,” Warman said.
Warman then attempted to reach Grimm by telephone. His first call, Warman said in court, was answered as being “Landco USA.” State records show that Grimm is president of Landco USA. Warman said he was then transferred to Grimm’s answering machine but did not leave a message.
“I called again, and an answering machine came on immediately,” Warman said.
Warman said he left a message for Grimm that the hearing was going to proceed. Since it was a summary appeal filed by Liggett, no actual hearing was held. Pennsylvania rules of court allow a trial judge to dismiss an appeal and uphold a previous order if the person making the appeal fails to appear in court, Warman said.
Warman upheld the fines imposed by Haggerty, plus the cost of the appeal, and ordered Liggett to enter into a payment plan with the Clerk of Courts office within 30 days. The convictions were for building code violations at 17-19 Market St., 46 Market St., 38 Market St., 35 Market St., 21 Market St., 208 Bank St., 18-24 Market St., 62 Market St., 5 Market St., 43 Market St., 107 Brownsville Ave., and a vacant lot on Prospect Street.
“The defendant’s failure to arrange for a schedule of payments shall result in the possible imposition of further sanctions including, but not limited to, issuing a bench warrant,” Warman said.
According to the Fayette County Clerk of Courts office, Liggett is currently behind schedule on two previous payment plans for past property code violations. Records show that in one case in which Liggett was assessed fines and costs totaling $16,848.50, he made a $40 payment on Jan. 14, 2005, with no further payments made. In the second case, Liggett owes $18,710.50 and according to the Clerk of Courts office, no payments have been made.
Liggett is due to appear before Haggerty today at 9 a.m. on new building code violation charges related to buildings in Brownsville.