Magisterial district judge delays Liggett hearing
REDSTONE TWP. – Magisterial District Judge Mike Defino postponed a hearing Tuesday on property maintenance citations until after a Sept. 20 eminent domain hearing for properties owned or controlled by Ernest Liggett of Monroeville. At least 17 citations written against approximately six downtown properties were scheduled for a hearing Tuesday. Liggett’s attorney, Robert Downey Jr., raised legal questions prior to the start of the hearing regarding whether his client or the Fayette County Redevelopment Authority is responsible for the properties.
“They cited the wrong people,” Downey said.
Downey contends the title to the properties moved to the redevelopment authority when the condemnation proceedings began last year.
Brownsville Borough solicitor Melinda Dellarose countered that Liggett has filed preliminary objections to the taking in Common Pleas Court.
“While he is saying here ‘Hey, I don’t own these properties,’ he is arguing in Common Pleas Court that ‘I own these properties and they are being taken unfairly,'” Dellarose said.
Dellarose said the borough is not willing to stop its code enforcement efforts because of the eminent domain case.
Downey said that there is case law that the title to real estate passes to the condemning party upon the filing of a condemnation order, even if appeals are filed.
“The very action of them filing the condemnation gives them title. Just because we are fighting against that does not negate that,” Downey said. “Legal title is stripped from the Liggetts with the condemnation. Equitable title is what gives the Liggetts the right to appeal.”
The current argument in Common Pleas Court involves whether the redevelopment authority should compensate Liggett for all of his properties, not just the 22 downtown properties that are being condemned.
A motion has been filed stating that the other properties derive their value from being able to be used in conjunction with the condemned properties, so it is a de facto taking of all of the properties, whether owned by Liggett or one of his several companies.
All four Fayette County judges seated en banc will hear arguments on that point Sept. 20.
Defino postponed the property maintenance hearing until after a ruling in the Sept. 20 case.