Phi Delta Theta alumni are hoping a rare legal technicality will prevent the university from purchasing the embattled fraternity's home of more than 100 years.
James Bryant, attorney for the Pennsylvania Theta Chapter of the Phi Delta Theta Fraternity, filed a motion requesting the court consider the "rule of perpetuity" -- "Rare as rabies in humans" and "just as legally fatal," as he calls it -- and render a judgement in the fraternity's favor.
With the obscure statute in hand, Bryant feels confident he can defeat a lawsuit from a university president with "unclean hands" attempting to seize the fraternity house.
"Basically, if you remember Blazing Saddles -- this is fraternity one, university zero," he said.
The rule of perpetuity voids the university's option to purchase the property after "a lifetime plus 21 years," Bryant said. Because the fraternity has owned the property since 1905, Bryant's interpretation of the rule suggests that the university's option to purchase the house is now null and void.
According to the property's deed, Penn State reserves the right to purchase the property if the premises cease to be used as a chapter or fraternity house "for the use, benefit and behoof of the said party of the second part," named in the document as The Pennsylvania Theta Chapter of the Phi Delta Theta Fraternity.
However, the fraternity had its charter suspended by its general council in December 2007 after violating a national dry-house policy in October 2007.
The chapter was denied reinstatement in 2008 and emerged as a local fraternity, renaming itself the Phi Society. However, Penn State does not recognize new local fraternities, prompting the administration to stake claim to the unsanctioned organization's property.
Though the university asked the former Phi Delta Theta members to vacate the property by June 30, a handful of members continue to reside in the house and were joined in August by members of the houseless Kappa Alpha Order.
That's when the court notice came. The university filed a lawsuit in November against The Pennsylvania Theta Chapter of the Phi Delta Theta fraternity, asking the court to enforce the provisions of a 1905 deed and grant Penn State ownership of the fra-
ternity's property at 240 N. Burrowes Road.
Bryant said in his motion that the Penn State administration -- and Penn State President Graham Spanier in particular --have made calculated efforts to "interfere with the quiet enjoyment of the land" and to acquire the building and replace it with a new building named after Spanier.
The administration had previously made a "ridiculous offer" to buy the property as part of its "ongoing attempt to get something for nearly nothing," Bryant wrote in his motion.
Now, he believes his motion could bring closure to a long and contentious battle between the former fraternity and the university.
"It's the death nail for any Penn State control over that land," Bryant said.
Administration officials could not comment on Bryant's motion as of press time. Phi Delta Theta Board of Directors member Sandy Deveney referred comment to Bryant.
