BATON ROUGE — Once again, Metro Council member Cleve Dunn is off the hook after being told to pay for damages to a neighbor's property.

That may change after an April 1 hearing.

Judge Beau Higginbotham on Thursday said he wouldn't re-impose a $57,000 judgment after he found Dunn had infringed on a neighbor's property rights. He wants the state attorney general's office to weigh in after higher courts took up the case.

Eugene and Donna Michelli had sued Dunn after the council member built a cabana too close to their property line in 2020 and built a fence on their side of the boundary a year later.

Louisiana's 1st Circuit Court of Appeal had set aside Higginbotham's initial order, saying the 19th Judicial District judge should have granted a delay in the case because Dunn's lawyer had legislative business to attend to. The state Supreme Court, however, said last year that legislative continuances cannot be automatic — but didn't say its ruling should be retroactive.

The judge, who also had ordered Dunn to tear down the fence and the cabana, said he wouldn't go against the 1st Circuit, even with the Supreme Court order in hand. He wouldn't revisit the $57,000 judgment because he wants to hear from the state's attorney general's office.

"That wasn't addressed today because it's just been a procedural continuance," said Charlotte McDaniel, the Michellis' lawyer. "I think that the judge wants a procedurally proper motion in front of him before he makes a ruling on the merits."

Dunn and the Michellis are no longer neighbors. The Michellis have moved, but they still believe Dunn owes them after his improvements sent water and mud onto their property.

In addition to seeking legislative continuances, Dunn and his lawyer have also tried to have Higginbotham removed from the case, saying the judge is biased against them.

"He has used his political power and his lawyer's political power to keep this continuously going," Eugene Michelli said.

Dunn's lawyer has declined opportunities to speak with WBRZ about the fence or the cabana, which have not yet passed a city-parish inspection.

"There has been a delay process that has affected the ability of Mr. Michelli and Mrs. Michelli to receive the damages the court has already deemed they have suffered," McDaniel said.

Wednesday, WBRZ reported that, early in the dispute, city-parish government was paying part of Dunn's legal bills. A deputy parish attorney authorized an invoice for $2,857.50, which covered 12.7 hours of legal work. Another invoice for $4,995 covered other work performed for Dunn.