Legal battle continues to determine the future of former Penn State fraternity house
The future of the Beta Theta Pi fraternity house remains unclear almost two years after a pledge’s death led Penn State to ban the fraternity, and months after the university filed a lawsuit to buy the house back.
Last week, Beta Theta Pi attorney Michael Leahey asked that Penn State’s lawsuit seeking to buy back the banned fraternity house be dismissed because he said the property is still being used as a “chapter or fraternity house.”
Beta Theta Pi announced it was closing the fraternity in February 2017 after 19-year-old pledge Timothy Piazza died two days after falling several times in the house. Penn State permanently revoked the fraternity’s recognition in March 2017.
The land at 220 N. Burrowes Road in State College was transferred to the fraternity via a 1928 deed, which includes a clause that gives Penn State the option to purchase the property “if for any reason the said building or buildings should cease to be used as a chapter or fraternity house,” according to Penn State attorney David Dulabon.
Leahey, however, argued the deed is void and believes the clause was not triggered by the closure and revocation.
“The property is still being used for the benefit of Alpha Upsilon as a ‘chapter or fraternity house,’ ” Leahey wrote in a court document filed last week.
The Associated Press reported in September 2017 that the house was available to fraternity alumni during home football game weekends.
In Penn State’s initial November filing, attorney James Horne said the university submitted a purchase order for the property, though it was ultimately rejected. The two sides met in person in September, but were yet again unable to agree on a purchase price.
Lisa Powers, Penn State’s senior director of news and media relations, said in November that the property “would be put toward a positive purpose, though we have not determined a specific use at this time.”
She reiterated that statement Monday.
“Since it is neither owned nor managed by Penn State, we have not yet designated a particular use,” Powers said in an email.
This story was originally published January 21, 2019 at 5:58 PM.