Please ensure Javascript is enabled for purposes of website accessibility
Tower Theatre Sale Ruling Coming This Week, Judge Says
David Website Replacement
By David Taub, Senior Reporter
Published 4 years ago on
March 17, 2021

Share

A ruling on whether the controversial sale of the Tower Theatre can move forward will happen later this week, Judge Rosemary McGuire said.

McGuire made the announcement after 45 minutes of legal arguments Wednesday from attorneys representing Sequoia Brewing Company and the Tower Theatre’s owners.

“The only things that she (McGuire) really needs to look at are the balancing of the harm and whether there’s any possibility that we could prevail at trial. So, and I think we’ve established those pretty clearly,” Kimberly Mayhew, attorney for Sequoia Brewing said.

Sequoia Brewing is seeking an injunction that would halt the sale until a full court case is heard. That is scheduled to start in July. Mayhew and her colleague Craig Meredith argued that the brewery’s lease gives it the right to purchase the property it is utilizing.

The theater’s owners contend they have met their obligations and the sale of the entire property to Adventure Church should be completed. Recent court documents peg close of escrow on March 31. Prior to the lawsuit, the estimated timeframe was mid-February.

Case on the Law, Not Politics

The deal to sell the entire Tower Theatre property, including the iconic venue and other buildings that house restaurants, has caused backlash among the Tower District community.

Protesters, who have demonstrated every Sunday for the past two months, say a church owning the property could affect nearby businesses holding liquor, dance and cannabis licenses. Some question the church’s stance on LGBT issues, in an neighborhood that is generally LGBT friendly.

“We’re not involved in that. Our position isn’t political or religious or anything like that. It’s a legal position. It’s simpler for us as lawyers to just look at the facts and the law, you know, and not so much on the other stuff that we’re reading in the media,” Mayhew said.

Adventure Church’s pastor, Anthony Flores, attended the hearing. So did the Laurence Abbate — whose family owns the theater — and Allison Richtel-Smith, who owns Sequoia Brewing with her husband Jeremy Smith.

All three of them, along with Tower Theatre attorney Dave Camenson made comments after the hearing.

Adventure Church Pastor Anthony Flores attends a court hearing on the sale of the Tower Theatre to his church. (GV Wire/David Taub)

Hearing Centers Around Right to Information, Default on Fees

During the court hearing, Mayhew argued the language in the lease gives Sequoia the right to buy its building before it can be sold to a third party.

Camenson countered that the theater has offered Sequoia its portion for $1.268 million. The offer is in place through March 24, he said.

“It’s up to them to determine if that is a reasonable price,” he told Judge Rosemary McGuire.

Meredith shook his head.

The brewery’s attorneys also made the argument that they cannot evaluate if the price is fair if they don’t know how much the church is offering for the entire property.

McGuire questioned why that information would be relevant if just a portion of the entire sale is at stake. Mayhew said they cannot adequately appraise the property without it.

Mayhew, responding to Camenson asking theoretically what more can they do, said “show us the price and terms from the church.”

“We don’t have any idea how they came up with the number,” Meredith said after the hearing.

The two sides also debated whether Sequoia Brewery owed unpaid maintenance fees.

Mayhew said if McGuire rules against Sequoia, they will appeal.

Sequoia Brewing Company attorneys Craig Meredith (left) and Kimberly Mayhew. (GV Wire/David Taub)

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Trump Signs Proclamation Banning Travel From 12 Countries, CBS News Reports

DON'T MISS

Sunnyvale Pitmaster Smokes Fresno BBQ Competition for Golden Ticket to World Championships

DON'T MISS

What We Know About the Colorado Attack on Israeli Hostage Demonstrators

DON'T MISS

Visalia Motorists Take Note: Traffic Shift Coming to Riggin Avenue

DON'T MISS

Really, Secretary Rubio? I’m Lying About the Kids Dying Under Trump?

DON'T MISS

Judge Denies Release in Caleb Quick Killing. Defense Cites Alleged Assaults by Victim

DON'T MISS

Nebraska Is the Latest State to Ban Transgender Students From Girls’ Sports

DON'T MISS

US Vetoes UN Security Council Resolution Demanding an Immediate Gaza Ceasefire

DON'T MISS

International Basketball Comes to Fresno: Armenia vs. Costa Rica

DON'T MISS

Wired Wednesday: A New Research Hub in Southeast Fresno?

UP NEXT

Millions Invested in Land for Innovation Village. Will It Be a Fresno Game-Changer?

UP NEXT

Fresno Unified’s Misty Her Says She Was Assaulted. Police Have No Reports

UP NEXT

Trump Amplifies Outlandish Robot Biden Conspiracy Theory

UP NEXT

American Doctors Are Moving to Canada To Escape the Trump Administration

UP NEXT

How in the World Did Fresno End Up on Trump’s Sanctuary Cities List?

UP NEXT

Loretta Swit, Emmy-winner Who Played Houlihan on Pioneering TV Series ‘M.A.S.H.,’ Has Died at 87

UP NEXT

California School Awards Dinner at Disneyland Comes With Hefty Price Tag

UP NEXT

1 in 4 US Children Have Parents With Substance Use Disorder, Study Finds

UP NEXT

Dozens Sickened in Expanding Salmonella Outbreak Linked to Recalled Cucumbers

UP NEXT

Fresno Unified Communications Boss on Leave After AI-Generated FTA Dossier Debacle

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

Visalia Motorists Take Note: Traffic Shift Coming to Riggin Avenue

7 hours ago

Really, Secretary Rubio? I’m Lying About the Kids Dying Under Trump?

8 hours ago

Judge Denies Release in Caleb Quick Killing. Defense Cites Alleged Assaults by Victim

8 hours ago

Nebraska Is the Latest State to Ban Transgender Students From Girls’ Sports

8 hours ago

US Vetoes UN Security Council Resolution Demanding an Immediate Gaza Ceasefire

8 hours ago

International Basketball Comes to Fresno: Armenia vs. Costa Rica

10 hours ago

Wired Wednesday: A New Research Hub in Southeast Fresno?

11 hours ago

Fresno’s Southeast Plan Has a $2.2B Price Tag for Phase 1. Can the City Afford It?

11 hours ago

Trump: Putin Said Russia Would Respond to Ukraine Drone Attacks

12 hours ago

It’s Expensive to Become a Teacher in California. This Bill Would Pay Those Who Try

12 hours ago

Trump Signs Proclamation Banning Travel From 12 Countries, CBS News Reports

U.S. President Donald Trump signed a proclamation banning travel from certain countries, CBS News reported on Wednesday, citing administrati...

5 hours ago

5 hours ago

Trump Signs Proclamation Banning Travel From 12 Countries, CBS News Reports

6 hours ago

Sunnyvale Pitmaster Smokes Fresno BBQ Competition for Golden Ticket to World Championships

7 hours ago

What We Know About the Colorado Attack on Israeli Hostage Demonstrators

7 hours ago

Visalia Motorists Take Note: Traffic Shift Coming to Riggin Avenue

8 hours ago

Really, Secretary Rubio? I’m Lying About the Kids Dying Under Trump?

Fresno clovis caleb quick
8 hours ago

Judge Denies Release in Caleb Quick Killing. Defense Cites Alleged Assaults by Victim

8 hours ago

Nebraska Is the Latest State to Ban Transgender Students From Girls’ Sports

8 hours ago

US Vetoes UN Security Council Resolution Demanding an Immediate Gaza Ceasefire

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

Search

Send this to a friend