A county judge ruled that the Phi Delta Theta alumni group must file a request to submit evidence to the court showing why a proposed fraternity zoning ordinance is too limiting.

The alumni group of Phi Delta Theta is involved in a lawsuit against the university regarding ownership of the 240 N. Burrowes Road property, which began when the Penn State chapter of Phi Delta Theta lost its charter in 2007 because of alcohol violations, according to court documents.

A new proposed borough ordinance restricts on-campus fraternities from being used as a rooming house, but the fraternity alumni group attorney Bernie Cantorna said they are appealing the ordinance.

The ordinance restricts the alumni from renting the house to individuals and limits to whom the group can sell or rent the house, Cantorna said.

Cantorna said he'll likely file the documents and other evidence pertaining to the ordinance Monday.