BATON ROUGE - An effort to delay a case yet again involving a Baton Rouge Metro Councilman and his neighbor has been reversed.

Metro Councilman Cleve Dunn's attorney, Representative Edmond Jordan, tried to get judge Beau Higginbotham recused from the case. That recusal was reversed by the First Circuit Court of Appeal because the paperwork was filed late.

Last March, Higginbotham ordered Dunn to pay $57,000 to his neighbors Donna and Eugene Michelli after adding a cabana and a fence in a place that caused flooding in Michelli's yard and home. The case has been delayed many times as several judges have recused themselves.

With this decision by the First Circuit, the case will go back before Higginbotham as the Michelli's try to collect other damages.

Last fall, the Michelli's sold their Baton Rouge home and moved. Michelli says he has not received one cent from Dunn.