The attorney for the owners of the former Phi Delta Theta fraternity house filed an appeal in Centre County Court Tuesday, saying the State College Zoning Hearing Board incorrectly deemed the century-old property a "rooming house."

The appeal alleges the board ignored the purpose of a zoning ordinance, interpreted the ordinance in a restrictive manner and considered the word "or" to mean "and."

"When you get down to legal issues, it's law school 101," said Bernie Cantorna, attorney for the property owners. "This is a fraternity house, has been, always will be."

Cantorna is asking the court to order a new hearing in front of a judge and reverse the board's decision. He hopes the judge will declare the use of the 240 N. Burrows Road property

has not changed from a fraternity house.

Penn State's Phi Delta Theta chapter had its charter suspended in December 2007 and has since re-emerged as the Phi Society, unrecognized by the university.

A borough zoning ordinance defines a fraternity as "a building designed for use as a residence of students or members of a Pennsylvania State University-affiliated fraternity or sorority."

Cantorna argues that because the residents of the house are Penn State students, the property meets the requirements of the definition.

But Stanford Lembeck, chairman of the Zoning Hearing Board, said the two clauses must be read as one.

"We did discuss in great length whether [Cantorna] was correct in his application of the ordinance," Lembeck said. "The definition doesn't make sense by separating [the clauses]."

This, Cantorna says, ignores the basic definition of "or."

"Somebody's reading things that aren't on the paper, and I don't understand why," he said. "I'm looking for the word 'and,' and I can't find it anywhere."

Cantorna wrote in the appeal that if doubt exists regarding the language of a zoning ordinance, the document should be interpreted in favor of the landowner.

The board also neglected to consider the purpose of the ordinance, he said -- it is intended to protect fraternity houses and states that such properties are beneficial to the stability and character of the neighborhood.

Cantorna also pointed out that the borough has a second fraternity house definition, used for building and rental codes.

This definition refers to "any building used as a dwelling and occupied by and maintained exclusively or primarily for college, university, or professional school students who are affiliated with a social, honorary, or professional organization recognized currently or in the past by a college, university, or professional school."

Rental ordinances are generally based on a broader national definition, whereas zoning ordinances are determined by local standards, Borough Zoning Officer Herman Slaybaugh said.

Another of Cantorna's contentions is that board members did not disclose that they are former and current employees of Penn State, which is currently suing for ownership of the house under a clause in the property's 1905 deed.