Please ensure Javascript is enabled for purposes of website accessibility
Court Grants Restraining Order to Brewery Over Tower Theatre Property Sale
David Website Replacement
By David Taub, Senior Reporter
Published 4 years ago on
February 25, 2021

Share

A Fresno County judge issued a temporarily restraining order Wednesday, blocking the sale of property connected to the historic Tower Theatre.

Judge Rosemary McGuire’s ruling is designed to allow time to resolve questions raised over a ‘right of first refusal’ clause in a lease affecting a single building, but which is part of the property being sold to a local church.

Sequoia Brewing Company, through its parent company J&A Mash & Barrel, LLC — asked for the court to block the sale of the building it leases from the theatre’s current owner. The legal argument was based on a contractual conflict rather than flashpoint issues such as zoning.

“What we asked the court for today and received was just to slow down the process, to allow our rights to be considered because we felt that they weren’t being considered,” Kimberly Mayhew, attorney for Sequoia Brewing Company, told the media.

Both Tower Theatre Properties, Inc. and Adventure Church were named as defendants in the case. They were represented by separate attorneys.

McGuire urged the parties to negotiate a resolution to the dispute.

The TRO case will return to McGuire’s court on March 17.

Future of Tower Theatre Sale Unclear

“I don’t know the answer to that. Hopefully we will find out something soon.”Tower Theatre owner Laurence Abbate

It is unclear whether the decision will hold up the sale of the remaining buildings, including the Tower Theatre itself, and other property included in the transaction. The sale is scheduled to close escrow on Friday.

“I don’t know the answer to that,” said Laurence Abbate, whose family has owned Tower Theatre for almost 80 years. “Hopefully we will find out something soon.”

Other attorneys involved did not have an answer either.

“I imagine it will have some effect. I don’t know what that will be yet,” David Camenson, attorney for the Tower Theatre, said after the hearing.

Nathan Klein, attorney for Adventure Church, did not offer a comment.

Sale Opposed by Tower Neighbors

The proposed sale to Adventure Church has faced backlash from the Tower District community. The opposition has argued that, based on an assessment by Fresno city officials, the theater is not zoned to hold religious assemblies. The church disagrees.

Also, nearby businesses are concerned that their proximity to a church-owned property may affect their licenses to sell liquor or cannabis products, or to operate dance clubs.

Opponents have held weekly rallies across the street from the theater on Sunday mornings. Until recently, the church held in-person services twice a week at the theater.

Tenant Sought Injunction

The sale of the Tower Theatre complex includes the iconic theater and three other buildings, leased by restaurants.

Sequoia Brewing Company filed its lawsuit last week, arguing that it has the right of first refusal to purchase the building it leases. Those rights were denied when the church revealed it was in escrow to purchase the building last December.

“It’s kind of a technical legal argument,” Mayhew told the media after the hearing. “If this had been an option, everything would have been laid out in the lease contract and we wouldn’t probably be having this fight.”

The restaurant/brewery claimed in its lawsuit that the owner of the Tower Theatre properties would not provide a figure to purchase the building it leases. The theater, in its court filings, included a Feb. 18  letter between the attorneys revealing a $1.268 million price tag.

The lawsuit applies just to the building Sequoia Brewing Company leases, and not to the theater or other parts of the property.

Opponents of the sale created a legal defense fund, soliciting donations through GoFundMe. As of Wednesday afternoon, the fund has raised more than $40,000.

Mayhew could not talk about payments from her clients and how the fundraising dollars may be used.

Defendants: Option to Buy, Not a Right

“If this had been an option, everything would have been laid out in the lease contract and we wouldn’t probably be having this fight.”Kimberly Mayhew, attorney for Sequoia Brewing Company

According to court documents filed Tuesday by Tower Theatre Properties, Inc., Adventure Church proposed buying the theater complex in August 2020.

Rebutting the right of first refusal argument, the theater argued that Sequoia Brewing Company does not have that right, but rather an “option to purchase.” That option can be executed regardless of who owns the property.

Judge McGuire did not tip her hand on the option versus right of first refusal argument, that emerged as the central controversy in the case. Both sides will submit briefs in the coming weeks. Witnesses may be called at the next hearing as well.

The theater also argued that Sequoia Brewing Company would not be harmed because they can still make the purchase under its option.

In court documents filed by Adventure Church — through attorney Nathan Klein of Tyler & Bursch — argued that the restaurant/brewery did not respond with its intentions to purchase the property during the 12 day window after being notified and likely does not have the financial means to buy the building.

The church said it would give Sequoia Brewing Company until March 31 to make an offer to buy.

DON'T MISS

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

DON'T MISS

Death Toll in Gaza From Israel-Hamas War Passes 44,000, Palestinian Officials Say

DON'T MISS

Jussie Smollett’s Conviction in 2019 Attack on Himself Is Overturned

DON'T MISS

Fresno Council Lowers Speed Limits on Friant and Audubon

DON'T MISS

How About an Honest Conversation About the Range of Light Monument Proposal?

DON'T MISS

UConn Coach Geno Auriemma Breaks NCAA Wins Record With 1,217th Victory

DON'T MISS

Fresno Doctors Will Pay $2.4 Million to Settle Kickback Allegations, DOJ Says

DON'T MISS

Warriors Guard De’Anthony Melton to Undergo Season-Ending Knee Surgery

DON'T MISS

Massive Ground Beef Recall Affects Restaurants Nationwide, USDA Warns

DON'T MISS

Chris Stapleton Wins 4 CMA Awards, but Morgan Wallen Is Entertainer of the Year

UP NEXT

Is Fresno Mobile Home Park Controversy Over? Tenants Applaud Federal Judge’s Ruling

UP NEXT

What Will Happen to CNBC and MSNBC When They No Longer Have a Corporate Connection to NBC News?

UP NEXT

Conservative Professors and Students Are Beating CA Community Colleges in Court

UP NEXT

Former Bitwise Employees Settle for $20 Million: Fresno Attorney

UP NEXT

Fresno County Sent Out Wrong Ballots. Will Errors Affect Close Races?

UP NEXT

Fresno Officials, Local Groups Prepare for Trump’s Promised Mass Deportations

UP NEXT

Volunteers Came Back to Nonprofits in 2023, After the Pandemic Tanked Participation

UP NEXT

New Study: Proposed Trump Tariffs Could Cost US Consumers $78 Billion a Year

UP NEXT

Riders Stuck in Midair for Over 2 Hours on Knott’s Berry Farm Ride

UP NEXT

Fresno Based Nonprofit, Mell’s Mutts, Gives Dogs a Second Chance at Life

David Taub,
Senior Reporter
Curiosity drives David Taub. The award-winning journalist might be shy, but feels mighty with a recorder in his hand. He doesn't see it his job to "hold public officials accountable," but does see it to provide readers (and voters) the information needed to make intelligent choices. Taub has been honored with several writing awards from the California News Publishers Association. He's just happy to have his stories read. Joining GV Wire in 2016, Taub covers politics, government and elections, mainly in the Fresno/Clovis area. He also writes columns about local eateries (Appetite for Fresno), pro wrestling (Off the Bottom Rope), and media (Media Man). Prior to joining the online news source, Taub worked as a radio producer for KMJ and PowerTalk 96.7 in Fresno. He also worked as an assignment editor for KCOY-TV in Santa Maria, California, and KSEE-TV in Fresno. He has also worked behind the scenes for several sports broadcasts, including the NCAA basketball tournament, and the Super Bowl. When not spending time with his family, Taub loves to officially score Fresno Grizzlies games. Growing up in the San Francisco Bay Area, Taub is a die-hard Giants and 49ers fan. He graduated from the University of Michigan with dual degrees in communications and political science. Go Blue! You can contact David at 559-492-4037 or at Send an Email

Fresno Council Lowers Speed Limits on Friant and Audubon

48 minutes ago

How About an Honest Conversation About the Range of Light Monument Proposal?

2 hours ago

UConn Coach Geno Auriemma Breaks NCAA Wins Record With 1,217th Victory

3 hours ago

Fresno Doctors Will Pay $2.4 Million to Settle Kickback Allegations, DOJ Says

3 hours ago

Warriors Guard De’Anthony Melton to Undergo Season-Ending Knee Surgery

3 hours ago

Massive Ground Beef Recall Affects Restaurants Nationwide, USDA Warns

3 hours ago

Chris Stapleton Wins 4 CMA Awards, but Morgan Wallen Is Entertainer of the Year

3 hours ago

These Fresno Schools Are Unsafe and in Bad Condition. And No One Is Complaining

3 hours ago

Putin Says Russia Has Tested a New Intermediate Range Missile in a Strike on Ukraine

3 hours ago

SEC Chair Gary Gensler, Who Led US Crackdown on Cryptocurrencies, to Step Down

3 hours ago

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

NEW YORK — Major League Baseball will test robot umpires as part of a challenge system during spring training at 13 ballparks hosting 19 tea...

11 minutes ago

11 minutes ago

MLB Will Test Robot Umpires at 13 Spring Training Ballparks Hosting 19 Teams

40 minutes ago

Death Toll in Gaza From Israel-Hamas War Passes 44,000, Palestinian Officials Say

44 minutes ago

Jussie Smollett’s Conviction in 2019 Attack on Himself Is Overturned

Fresno motorcycle cop enforces the 45 mph speed limit
48 minutes ago

Fresno Council Lowers Speed Limits on Friant and Audubon

2 hours ago

How About an Honest Conversation About the Range of Light Monument Proposal?

3 hours ago

UConn Coach Geno Auriemma Breaks NCAA Wins Record With 1,217th Victory

3 hours ago

Fresno Doctors Will Pay $2.4 Million to Settle Kickback Allegations, DOJ Says

3 hours ago

Warriors Guard De’Anthony Melton to Undergo Season-Ending Knee Surgery

Help continue the work that gets you the news that matters most.

Search

Send this to a friend