Alpha Phi Delta Granted Preliminary Injunction For Return To Fraternity House After Lockout
Center County Judge Brian Marshall has granted Alpha Phi Delta’s emergency petition for a preliminary injunction to reopen its off-campus fraternity house after a lockout.
The Penn State fraternity filed suit on Friday against Greek Housing Services and 329 Prospect Ave. Corp. after they locked the fraternity out of the property, claiming that the fraternity hadn’t made the required payments and that their membership number didn’t meet the lease requirements.
The two property owners have until 5 p.m. on Wednesday, August 26, to reopen the house, according to a court order.
As a condition of the preliminary injunction, Alpha Phi Delta has to post a $100 bond — which the judge described as nominal — because the defendants already have a $100,000 security deposit as a part of the 2021 master lease the fraternity signed.
The lawsuit was in part over a dispute that the fraternity had not complied with its requirement of 55 signed individual housing contracts for the 2026-27 academic year.
To make up for this, the court ordered Alpha Phi Delta to pay Greek Housing Services and 329 Prospect Ave. Corp. $6,000 for the August rent of the five missing members by September 1.
The fraternity will then have to continue paying a monthly $6,000 fee to the defendants.
Interestingly, that number is subject to change because neither party entered the Housing Contract for the year 2026-2027 into the record. Marshall instead used the monthly rent amount contained in Exhibit 2 to Plaintiff’s Complaint to calculate a fair fee.
The Chi Chapter of Alpha Phi Delta originally filed the lawsuit on August 20, alleging the defendant had illegally locked members out of the chapter house on move-in day.
The court did not rule on the legality of the lockout.
Alpha Phi Delta pursued the case on three legal grounds. The chapter alleges breach of contract, intentional infliction of emotional distress, and a violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law.
They also said that one affected person, a fraternity member with type 1 diabetes who needs refrigeration for his insulin, was denied entry to the house.
Greek Housing Services instead placed a refrigerator outside on the porch for him to store his medication.
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