A judge says more information is needed in the Beta Theta Pi court case between the fraternity and a benefactor.
Centre County Judge Katie Oliver recently denied a motion from Donald Abbey.
Abbey, an alumnus of the Alpha Upsilon chapter of Beta Theta Pi, filed suit in March claiming the chapter violated the terms of a loan agreement with the behavior of the fraternity and it’s banning by Penn State after the death of pledge Timothy Piazza in February.
In May, he filed a request for summary judgment in the case.
Oliver said that won’t happen.
In July, the two sides met in court. While Abbey attorney Matthew Haverstick argued that the contract between his client and the fraternity was clear about the return of money he had contributed in the event the house stopped being used as a Beta Theta Pi fraternity, the Alpha Upsilon lawyers said the contract was not valid and disputed his $8.5 million figure.
Oliver didn’t rule against Abbey, but called the motion premature.
“The existing record reveals multiple genuine issues of material fact that preclude summary judgment, including factual issues potentially relevant to whether a valid and enforceable contract exists and, if so, whether that contract has been breached and the amount of any resulting damages,” she wrote in her order.
Abbey is not abandoning the fight.
“We’re looking forward to the discovery phase,” Haverstick said.
Fraternity counsel was also contacted for comment.