Laserfiche WebLink
<br />October 10, 20091 Volume 3 I No. 19 <br /> <br />Zoning Bulletin <br /> <br />Constitutional Validity of Ordinance-Under (\1 <br />ordinancel city bans fra~ernity house use of <br />property after .university s~spends fraternity <br /> <br />~roperty owners challenge ordinance as unconstitutional <br /> <br />Citation: Schweizer v. Board of Adjustment of City of Newark, 2009 <br />WL 2569793 (Del. Super. 2009) - <br /> <br />DELAWARE (08/21/09)-Al Schwdzer and Sal Sedita (collectively, <br />the "Landlords") owned property (the "Property") in the city. Prior to <br />2005, the Property was leased to Delta Eta Corporation ("DEC"). DEC <br />allowed the local chapter of PiKappa Alpha ("PiKA") at the University <br />of Delaware (the "University") to use the Property as a fraternity house. <br />DEC subleased rooms to student members of PiKA. <br />In July 2005, the University suspended PiKA for a period of four <br />years. The suspension was based on PiKA members' violation of Univer- <br />sity rules of conduct. Before suspending PiKA, the University conducted <br />a hearing, at which PiKA members were permitted to appear. The Land- <br />lords did not participate in that hearing. <br />Upon receiving notice of PiKA's suspension, the city's building depart- ,?-- <br />ment: directed PiKA to vacate the Property; and advised the Landlords ( ) <br /> <br /> <br />WEST@ <br /> <br />2 <br /> <br />@ 2009. Thomson Reuters <br /> <br />lJ j <br />I <br /> <br />I <br /> <br />__________.__ n_l <br /> <br />610.opperman Drive. P.o. ~ox 64526 . 5t. Paul, MN 55164--0526 <br />1-800-229-2084. email: west.customerservice@thomsonreuters.com.west.thomson..comlquinlan <br />155N 0514-7905 . @ 2009 Thomson Reuters. All Rights Reserved. <br />Quinlan™ is a Thomson Reuters brand. <br /> <br />84' <br />