Oct 16, 2009 2 min read

Fayette County Common Pleas Judge John F. Wagner has agreed to hear Brownsville Borough’s petition seeking the dissolution of an injunction removing properties owned by Ernest Liggett from the Oct. 5 tax sale. A hearing is scheduled before Wagner at 8:30 a.m. Dec. 2. Brownsville Borough’s solicitor, Melinda Dellarose, said it will be the first time the borough will have a chance to be heard in the case, which Liggett filed against the Fayette County Tax Claim Bureau.

“The borough technically isn’t a part of the case. We want Brownsville Borough’s and the taxpayers’ interests heard, because nobody was heard except Mr. Liggett,” Dellarose said.

The Tax Claim Bureau didn’t contest Liggett’s request. Dellarose contends that the rules of court were not followed in granting the injunction because Liggett was not required to post a bond equal to the amount owed. Under the injunction, 101 parcels owned by Liggett or his companies were removed from the tax sale, with more than $118,000 owed in back taxes. At least 84 of the delinquent properties are located within Brownsville Borough, Dellarose said.

“We want him either to post a bond, which is what must be done under the rules, or we want the properties to be put up at the next tax sale or a special tax sale at the expense of Mr. Liggett or at the free and clear sale in March,” Dellarose said.

Judge Ralph Warman granted the injunction to Liggett, removing the property only from the Oct. 5 sale, after Liggett presented testimony that pending litigation could possibly prevent the properties from being sold at the tax sale.

Liggett also claimed that putting the properties up for sale would cause irreparable harm to him, but removing them would not harm the Tax Claim Bureau in any way.