Please ensure Javascript is enabled for purposes of website accessibility
City Can't Get Into Tower Theatre. This Is What It Looks Like.
David Website Replacement
By David Taub, Senior Reporter
Published 4 years ago on
May 19, 2021

Share

The city of Fresno can’t get access to the historic Tower Theatre and it is asking a judge to allow an inspection. The city says it needs access to perform an appraisal. And, a councilwoman says the city needs to make sure the theater is preserved.

In the meantime, owner Laurence Abbate granted GV Wire access for video and pictures. There is no apparent deterioration inside or outside.

The ultimate goal of the city council is to ensure the historic preservation of this iconic theater. That’s the end goal beyond the appraisal. We’ll see what are our options to ensure that happens,” District 1 Councilwoman Esmeralda Soria said.

Abbate said the theater has always been preserved.

“It doesn’t make any logical sense that she’s saying we (the city) want to buy it to preserve it. It is preserved and it is owned by somebody right now. And if someone else buys it, it will still be preserved,” Abbate said.

Judge D. Tyler Tharpe will hear the city’s petition, although a date has not been set. Soria said it could take up to 60 days, despite the city’s request for an expedited hearing.

Preservation of the Theatre

The city of Fresno’s formal involvement in the Tower Theatre sale is the latest drama, which has seen court cases and weekly protests.

The filing made last week is on top of a lawsuit Tower Theatre already faces in its attempt to sell its property to Adventure Church. The church rents the theater for religious services and is attempting to buy the theatre and adjacent properties. The deal is being held up by Sequoia Brewing Company, one of the property tenants, on contractual grounds.

Although escrow has elapsed, Abbate said he still plans to sell to Adventure Church. He said he receives offers weekly to buy the theater, but has turned them down so he can sell to the church.

Adventure Church has also publicly said it plans to continue operating the theater for live events and movies.

The theater has been on the federal Registry of Historic Places since 1992.

Soria said the city doesn’t know the current condition of Tower Theatre.

“We don’t know because we haven’t entered the facility. So this will allow us to evaluate and ensure that it is being preserved,” Soria said.

Asked if she has been in the theater recently, she replied “Not in a while, because it’s been closed for so long.”

Abbate thinks Soria is succumbing to political pressure.

“It’s obviously just a stall technique. I feel they see the end of the road with our tenant and not sure what to do. I heard protesters were kind of challenging her on issues. And so I think she’s got to do something… and this is an option that she has,” Abbate said.

Abbate offered to share an existing appraisal of the theater with the city, but he would not allow them in to inspect it.

“Why would I give them permission to do that? I don’t see that they are any friends of mine,” Abbate said. He said he would abide by the court’s decision.

Is Eminent Domain Justified?

While the city’s filing does not mention eminent domain, it does cite a state law that allows the government to take a private building for preservation purposes.

Glenn Block, an attorney with the California Eminent Domain Law Group, has specialized in defending properties from government takings for more than two decades. He says the city of Fresno probably has a right to inspect the Tower Theatre against the owner’s wishes, but buying the theater using eminent domain may be a tough sell.

State law allows the government to acquire property for historic preservation purposes, and thus it likely has a right to conduct an appraisal, Block said.

When eminent domain is used to preserve buildings, it is usually to save a crumbling historic place, Block said.

“If (the city was) concerned that the property under private ownership would have its use changed or its physical features would be changed, or that it would be demolished and developed — those are things presumably that that could justify the necessity of acquiring the property to preserve it,” Block said.

Block, who is not involved in the case, said it ultimately depends on the city’s intent.

“It comes down to what are they (the city) trying to preserve? Is it the use of it as a theater and so a church’s use, which would take it out of that use? Or is it, are they trying to preserve the physical features, in which case maybe a church use wouldn’t interfere with with that. It depends on on what the purpose the public uses and what they’re trying to preserve,” Block said.

A look at the ornate walls of the Tower Theatre, taken Tuesday, May 18, 2021. (GV Wire/Jahz Tello)

Government Overreach?

Soria said the city attorney filed the petition at the direction of both the city council and administration. No formal vote was taken publicly during a council meeting or privately during closed session (any closed session vote is required to be reported publicly).

Councilman Garry Bredefeld says the city shouldn’t be involved at all.

“It’s a private transaction. I don’t believe the city had any business getting involved and interjecting itself in the transaction,” Bredefeld said.

Bredefeld called the city action “government overreach.”

“There are people who get elected to government and think they’re little kings and queens and can engage in all kinds of mandates and edicts and that the people that elected them all of a sudden become peasants. And we see it on every level of government,” Bredefeld said.

Soria disagreed.

“I don’t understand why they would say that it’s a government overreach. It is part of the process that we take when we want to preserve something that is historic. And this is just part of the process. There’s no action beyond asking the court to allow it to take place,” Soria responded.

A look Tuesday inside the Tower Theatre (GV Wire/Jahz Tello)

Filed Copy of Fresno Petition

DON'T MISS

If You Want to Ski Affordably Next Season, Buy Now

DON'T MISS

Dog Found in Horrid Conditions Now Seeks Loving Home

DON'T MISS

Trump Takes Aim at California Six Times in 24 Hours

DON'T MISS

Elon Musk Sells X to His Own xAI for $33 Billion in All-Stock Deal

DON'T MISS

US Naval Academy Ends Affirmative Action in Admissions

DON'T MISS

Elon Musk Backtracks on a Legally Questionable Plan to Pay Voters

DON'T MISS

Appeals Court Clears Way for DOGE to Keep Operating at USAID

DON'T MISS

Trump Pledges US Aid for Asia Quake Despite Former Official Saying System in ‘Shambles’

DON'T MISS

Is Fresno Political Consultant Alex Tavlian Behind Election Attack Mailer?

DON'T MISS

Gronk-a-Mania Set to Run Wild Over WrestleMania Weekend

UP NEXT

St. Agnes’ Newest Robot Promises Less Invasive Surgeries, Faster Recoveries

UP NEXT

Madera Authorities Seize 80 Pounds of Meth, Arrest Two Suspects

UP NEXT

Merced Receives Satanic Flag Request Amid Policy Debate

UP NEXT

Tulare County Wetlands Preserve Is Open to Public on Saturday

UP NEXT

Fresno County Missing Child: 7-Year-Old Damien Deleon

UP NEXT

Fresno Animal Center to Hold Free Drive-Thru Vaccine Clinic for Your Dog

UP NEXT

Utah Becomes the First State to Ban Fluoride in Public Drinking Water

UP NEXT

Valley Crime Stoppers’ Most Wanted Person of the Day: Sara Ploeckelmann

UP NEXT

Fresno Unified Faces Teacher Uproar Over Slashing Designated Schools

UP NEXT

Wilmer Flores’ 3-Run Homer in the 9th Inning Propels Giants to Victory Over Reds

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

Elon Musk Sells X to His Own xAI for $33 Billion in All-Stock Deal

16 hours ago

US Naval Academy Ends Affirmative Action in Admissions

16 hours ago

Elon Musk Backtracks on a Legally Questionable Plan to Pay Voters

17 hours ago

Appeals Court Clears Way for DOGE to Keep Operating at USAID

17 hours ago

Trump Pledges US Aid for Asia Quake Despite Former Official Saying System in ‘Shambles’

17 hours ago

Is Fresno Political Consultant Alex Tavlian Behind Election Attack Mailer?

17 hours ago

Gronk-a-Mania Set to Run Wild Over WrestleMania Weekend

18 hours ago

Federal Judge Blocks Trump From Dismantling Consumer Financial Protection Bureau

18 hours ago

St. Agnes’ Newest Robot Promises Less Invasive Surgeries, Faster Recoveries

18 hours ago

California Food Banks Brace for Funding Cuts, and Not Only From the Trump Administration

19 hours ago

If You Want to Ski Affordably Next Season, Buy Now

While the slopes may still be open across much of North America, it’s time to think about next season. The major passes, including Epi...

23 minutes ago

23 minutes ago

If You Want to Ski Affordably Next Season, Buy Now

Punkin, a 1-2-year-old dog with a tough past of living in a hoarding situation, is looking for a patient, understanding home with another dog to help him adjust and thrive. (Mell's Mutts)
44 minutes ago

Dog Found in Horrid Conditions Now Seeks Loving Home

51 minutes ago

Trump Takes Aim at California Six Times in 24 Hours

16 hours ago

Elon Musk Sells X to His Own xAI for $33 Billion in All-Stock Deal

16 hours ago

US Naval Academy Ends Affirmative Action in Admissions

17 hours ago

Elon Musk Backtracks on a Legally Questionable Plan to Pay Voters

17 hours ago

Appeals Court Clears Way for DOGE to Keep Operating at USAID

17 hours ago

Trump Pledges US Aid for Asia Quake Despite Former Official Saying System in ‘Shambles’

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

Search

Send this to a friend