May 12, 2009 2 min read

A federal court judge in Pittsburgh dismissed the lawsuit that a Monroeville couple brought against various Brownsville and Fayette County officials and agencies because the couple’s attorney failed to respond to a court order. In an order issued Monday, U.S. District Judge Nora Barry Fischer indicated that having the correct address for attorney L.F. Grimm Jr. “is a prerequisite to proceeding with this litigation.” Grimm had not responded to her April 28 order indicating that he needed to change his address in the court’s system, and explain why the suit should not be dismissed, Fischer said.

Ernest and Marilyn Liggett retained Grimm to file suit against various officials earlier this year.

Last month, the attorney for defendants Tracy Sheehan Zivkovich, director of Project B.R.I.G.H.T. Tomorrow and former Brownsville mayor Norma Ryan asked Fischer to dismiss the matter because she had tried, but has been unable, to get in contact with Grimm since the matter was filed several months ago.

Attorney Neva Stanger indicated she tried to send letters and call Grimm, but could not get in contact with him.

Fischer, in a remark issued last week, indicated that Grimm called her chambers on April 29 and said that he heard the judge was looking for him. He was instructed how to change his information so that it was up to date, but failed to do so, Fischer said.

The Liggetts sued, claiming that borough officials and agencies have targeted them in an effort to take the many properties they own in downtown Brownsville through unfair enforcement and property maintenance ordinances.

The suit asks for a judgment in excess of $159 million.

Also named as defendants were Brownsville Area Revitalization Corp., Project B.R.I.G.H.T. Tomorrow and Fayette County Redevelopment Authority. Individual defendants were listed as code enforcement inspector Donald Baugh, redevelopment authority executive director Andrew P. French and former authority director Raymond C. Polaski.