UD fraternity fights eviction

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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.