UD fraternity fights eviction

madmax · #1 04-23-2003, 03:09 PM

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The News Journal (Delaware)
April 23, 2003

Fraternity at UD fights its eviction
Tau Kappa Epsilon ordered out by Newark

By MICHELE BESSO
Bear Bureau reporter

A University of Delaware fraternity has filed a complaint in Chancery
Court against the city of Newark for taking away its fraternity house
zoning status and requiring its members to vacate their residence on
West Delaware Avenue.

A city building official, accompanied by a police officer, on Friday
told members of Tau Kappa Epsilon, a University of Delaware
undergraduate fraternity, that anyone remaining in the residence
after 9 a.m. Monday would be arrested, court records state. As of
Tuesday, members had not vacated the property.

"We're in ongoing discussions with the city in the hope that we can
resolve this in a way that is satisfactory to everybody this
semester," Mark Sisk, the group's attorney, said. "We sued
reluctantly because of the time pressure."

City Council recently passed an ordinance stating that all members
must immediately vacate the premises of any fraternity or sorority
that has its charter suspended or revoked by the University of
Delaware for more than a year.

The group, which owns the property at 43 W. Delaware Ave.,
permanently lost its status as a recognized university fraternity
April 11, court records state. The fraternity was cited for failure
to comply with previous sanctions against hazing, underage drinking
and violating the fire code at a party during winter session,
fraternity president Michael Halajian said. The property currently is
leased to 16 members who sign annual contracts, according to court
records. The fraternity was chartered in 1971 and currently has 30
active members.

The fraternity appealed the university's sanction to the university
appellate board, but the appeal was denied, Sisk said. He said the
fraternity has not decided whether to appeal the matter to another
court.

The city of Newark told the fraternity April 15 that its suspension
meant it no longer had city zoning status as a fraternal
organization, and its members had to leave the house within 72 hours,
the complaint states.

The fraternity is asking a judge for a temporary restraining order
against the city so it can't arrest any member of the fraternity,
enter the property, or take further action pending administrative
proceedings in the city. Lawyers also filed for an injunction to
direct the city to hear the case in its property maintenance or other
administrative board. They also are seeking damages and court fees of
an undisclosed amount.

"It's totally ridiculous what they're trying to do to us," Halajian
said. "To kick off 16 students in good standing with the university
as individuals. ... We're just asking to stay in the house for the
rest of the semester. We have to prepare for classes and finals. It's
a big hassle."

Tau Kappa Epsilon is the second fraternity to sue the city in a year.
In March, the Delta Eta. Corp., a nonprofit organization of
University of Delaware alumni from Pi Kappa Alpha, won its case
against the city in Superior Court in Wilmington. Delta Eta had
appealed City Council's decision to deny its request to build
off-campus apartments for its members. The issue will be brought back
to council next month.

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I don't think this town ordinance is legal.

What happens next week when the members of this chapter go out and legally rent a new house or a group of apartments? Will the town try to evict them again.

What if a school like Alfred decides to no longer sponser Greek Life? Does that mean every fraternity and sorority gets evicted even if they are complying with all local laws?

I hope they win the case.

SATX*APhi · #2 04-23-2003, 03:44 PM

This is just stupid.

The1calledTKE · #3 04-23-2003, 04:13 PM

Well they said Pike alumni won there case so there is a good chance TKE will win theirs. Hopefully they can get an injunction so that have aplace to live. Three days to find new housing isn't enough.

Kevin · #4 04-23-2003, 06:14 PM

So they're accused of hazing, underage drinking, disobeying fire code, etc? If they were convicted I'd say them continuing to operate a house there is a danger to not only the residents but the people that party there.

The article says that they were already on suspension. Unless the school/city have taken pretty draconian measures against them I think they got what was coming to them.

The1calledTKE · #5 04-23-2003, 06:22 PM

They were accused. TKE IHQ didn't close them so there must not have been enough evidence to the fact. They lost school recogniton, so what they should still be able to keep the house even if that means taking the letters down and leave it as just a resisdence.

PSK480 · #6 04-23-2003, 06:47 PM

It may be legal because of the zoning. What the city is saying is that it's zoned as a fraternity/sorority house, so since they lost recognition on campus they are no longer seen as a chapter to the city. So their staying would be breaking zoning ordinance. I agree that 3 days is not enough time. Give them until the end of the semester to live their. I thnk this ordinance is more the city trying to crack down on underground chapters, you don't have recognition you don't get a chapter house. If they rent out a residential property that is not zoned as a fraternity house and don't put up letters they should be fine.

enlightenment06 · #7 04-23-2003, 07:58 PM

The article says that TKE owns the house. How the city kick them out of a property which they own? I don't understand how they can do that. Maybe order TKE to take letters off the building or whatever, but kick people out of their own property? Seems a bit much to me. Not only that, but so what they've had sanctions for underage drinking, hazing, and fire code violations at parties? It's COLLEGE!!! Don't act like some of ya'll don't drink underage. And ANYTHING today is considered hazing. People need to stop acting like a bunch of punks. I don't see how they can kick folks out their own house.

Kevin · #8 04-23-2003, 08:36 PM

I don't agree that "anything can be considered hazing". That's a cop out. Especially if they were on probation for it in the first place. There are plenty of activities you can do in a chapter without hazing to build brotherhood (but that subject threatens to hijack the thread).

It just sounds like a case of they got what was coming to them to me. besides, when is the last time you saw TKE IHQ pull a charter?

PSK480 · #9 04-23-2003, 09:06 PM

The city can declare eminent domain and purchase the house. They could even use the excuse they want to add more green space or a homeless shelter or some other lame excuse. I don't know about DE, but in PA chaters can not own property, alumni associations can. Thus, if the house is known as a chapter house and they don't have campus recognition the city can proceed. The ground the city has to stand on is their zoning codes. If they aren't a recognized chapter by the university they can not occupy property zoned as a fraternity/sorority house.

I agree with KTSnake, when was the last time TKE IHQ pulled a charter.

sigma-sigmaTKE · #10 04-23-2003, 09:53 PM

What are you talking about, TKE is always pulling charters from chapters, and ktsnake you need to back off with your B.S. accusations

OUKate · #11 04-23-2003, 10:11 PM

Can you give an example? Unless I can hear some evidence, I'm going to have to side with KTSnake and PSK480 -- I've never heard of TKE pulling a charter.

I'm not sure how I feel about this -- it seems to be a zoning issue, and the laws seem to be reasonable. Though, if the property just has zoning status as a fraternal organization and it doesn't specify whether or not the fraternity in question must be recognized, then they've definitely got a case. It'll be interesting to see how this plays out -- I'm sure lots of universities with unrecognized chapters still operating (Many of which are TKE chapters) are paying attention.

KDShan · #12 04-23-2003, 11:16 PM

TKE is no longer recognized by the University as a student organization. Their house is zoned as a fraternity house, since they are no longer recognized by the University as a fraternity they no longer 'qualify' to be zoned as a fraternity house. In addition the members of this GLO have been operating "underground" causing many problems for recognized fraternities (who follow campus regulations) and the sororities on campus (who can face sanctions if they are participating in 'underground' TKE events-even if it's unknowingly-ie they go to a late nite at the house-even though its not a 'TKE' event-its in the TKE house). Also they continue to recruit new members-taking from the recognized fraternities potential new member pool.
You'd think that from a Risk Management standpoint TKE IHQ would want the chapter dissolved to avoid future problems (lawsuits).

The1calledTKE · #13 04-23-2003, 11:26 PM

Quote:

Originally posted by KDShan

You'd think that from a Risk Management standpoint TKE IHQ would want the chapter dissolved to avoid future problems (lawsuits).

From what I know chapters not recoginzed by the school are watched more carefully than those that are recognized. I would think they would be more careful being watched by IHQ than the school because IHQ can pull the charter the school can't.

enlightenment06 · #14 04-24-2003, 12:46 AM

what's up with all the hate on TKE? what did they ever do to anybody?

The1calledTKE · #15 04-24-2003, 01:01 AM

Quote:

Originally posted by enlightenment06
what's up with all the hate on TKE? what did they ever do to anybody?

I guess they don't like that TKE IHQ will stick by our chapters even when others think certain ones should be closed. Plus they probably feel the chapters not recognized by campus have an unfair advanatge because they don't have to follow the school rules other do. Oh well, all the hatin just makes me love TKE more.