Vietnam War veteran Alan Kerwin began an encounter against the State College Borough last year in an effort to continue living in the rooming house located at 234 S. Allen Street.

Kerwin is still living in the rooming house -- a house where residents live in separate rooms but share a kitchen -- and paying his rent to the Centre County Court of Common Pleas.

Borough Solicitor Terry Williams said the borough declared on September 25, 2002, its intent to purchase the property and declare eminent domain to construct a parking lot and walkway.

Williams said the Centre County Court of Common Pleas granted a summary judgement on February 3, 2004, which asserted that Kerwin had no legal case. The judge ruled in favor of the borough, dismissing Kerwin's request for equal compensation.

Kerwin said he is appealing the decision to a superior court in Harrisburg, and as of yet, no trial date has been set.

Property owner Jim Gingerich said after receiving notification from the borough, he informed his tenants that they should leave the premises by December 31, 2002.

After the borough formally acquired the property on February 28, 2003, Kerwin said he was served with a 10-day eviction notice on March 5, 2003, because of "non-payment of rent."

Kerwin said that he was improperly informed of the borough's intent to evict its tenants and that he should have been given more official notice from the borough.

"It's all just pressure and power-play. It's all politics," Kerwin said.

He added that the condition of the property might have encouraged the borough to issue its resolution to condemn the property under eminent domain.

"The borough says it's in such a state of disrepair that it's too costly to repair," Kerwin said. "There's plenty of room [for a parking lot] -- they can have one next to the house if they want."

Williams said the sole purpose of the condemnation resolution was to build a parking lot to cater to the State College Borough Municipal Building across the street.

"I don't think the condition of the building ever entered into borough's thought," Williams said.

Stephen Fleming, Kerwin's lawyer, said the borough did not allot the 15 days specified by Pennsylvania's Landlord and Tenant Act for Kerwin to counter the eviction since it filed a lawsuit within only 13 days of the notice.

Fleming added that the borough should have continued to honor the lease agreement throughout March and served Kerwin with a 15-day overstay of lease notice on April 1, 2003, because the borough became landlord and property owner on March 1.

"Once they became owners of the property, they considered themselves the landlord," Fleming said. "They could terminate the lease, but they did it in an incorrect manner. The Landlord and Tenant Act is very specific -- you have to cross your T's and dot your I's perfectly."

Williams said because Kerwin's verbal notification to vacate the premises by Dec. 31 negated the verbal lease contract; therefore it puts Kerwin at fault for continuing to live on the property.

"Under [Fleming's] analysis, he's there under a lease. Under our analysis, he's just there," Williams said.

Williams said he could not comment on the specific nature of the eviction notice because Kerwin's case is still pending. However, he added that Kerwin was in violation of the borough's Dec. 31 mandate by continuing to live on the property.

Fleming said despite that his client owned the property, it is still possible for Kerwin to be compensated for relocation and displacement costs.

Kerwin said he would like to be compensated if he has to move from his home, which he has resided in since Dec. 2001, although he said he would prefer to continue living there.

"I don't want the ... damn house torn down," he said. "It's not in bad shape."

Williams said Kerwin is not entitled to compensation because he does not own the property and violated the borough's eviction notifications.

"He feels the borough owes him money, and the borough feels they don't," Williams said. "Mr. Kerwin is there without a lease, and the borough owns the property."

Kerwin, however, is not going to give up his battle.

"They're trying to boot me out, but I'm a Marine Corps [reconnaissance] man," Kerwin said. "I won't give up the fight. It just goes against everything I'm for."