Williamsport In order to reclaim the fraternity home that was shut down after a 2017 pledge hazing death, Penn State has urged a federal judge to dismiss a lawsuit brought by a former football player.
In a brief on Monday in the U.S. Middle District Court, the university argues that Donald G. Abbey’s lawsuit is past due and that his allegations are based solely on a few alleged emails he sent to Penn State staff members almost 20 years ago.
Penn State informs Judge Matthew W. Brann that the complaint is full of flaws and ought to be rejected in its entirety.
The founder and CEO of The Abbey Co., a California real estate firm, Abbey says the university is trying to swindle him by removing his security interest in the old Beta Theta Pi fraternity house on campus.
He referenced a 2009 contract wherein the property served as collateral for almost $10 million in loans he gave to the fraternity to renovate the house to a high standard.
After a pledge hazing fatality in 2017, the Beta Theta Pi house on the Penn State campus was shut down.
He claims that among other things, the agreement called for the house to stop being a chapter of the main fraternity and refund the entire sum with 6% interest.
He pointed out that a lien was put on the property in Abbey’s favor because the chapter lacked the money to pay him back when the university lost its charter in 2017.
In his lawsuit, he questioned whether he had the authority to be involved in the acquisition process and whether the lien prevented the university from repurchasing the land.
According to a 2021 Centre County judge’s decision, which was later upheld by the state Superior Court, Penn State was entitled to repurchase the property due to a 1928 deed.
The deed stated that the university would have the right to buy the North Burrow Road building if it was no longer utilized as a chapter or fraternity house.
The court order stipulated that arbitration would be used if negotiations failed to establish a fair market price.
It argues that this refutes Abby’s assertion that the university is unfairly benefiting.
Another reason the case should be rejected is that it lacks details demonstrating how Penn State specifically obstructed the 2009 funding agreement or damaged Abbey’s relationship with the chapter.
Timothy Piazza died two days later on February 4, 2017, after falling down the stairs of the fraternity home while drunk after a pledge gathering.
Following the death, the national organization suspended its charter and disbanded the chapter, and the institution revoked Beta Theta Pi’s recognition.
In its answer to Abbey’s lawsuit, Penn State disputes that it purposefully misrepresented its rights to occupy the Beta House.
In his complaint, Abbey referenced a 2005 email from Vickey Triponey, who was vice president of student affairs at the time, saying: We have no right to take over your home, even if, in the worst instance, your chapter was not invited or informed that they could no longer operate at Penn State.
She said that in the event that the fraternity decided to sell the land, Penn State would have the first dibs.
The lawsuit James and Evelyn Piazza filed over the loss of their son has nothing to do with this case. Without bringing a lawsuit, the Piazzas reached a settlement with Penn State.
Additionally, they have achieved settlements with over half of the defendants who were members of the fraternity and also faced criminal charges.
Stories by
John Beauge
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