Please ensure Javascript is enabled for purposes of website accessibility

Fresno City Gets Extension in Herndon 4-Story Apartment Case

1 day ago

With Major Heat Risk Forecast, This Is a Good Weekend to Stay Indoors in Fresno

1 day ago

Trump Says Intel Has Agreed to Deal for US to Take 10% Equity Stake

1 day ago

Epstein Associate Maxwell Says She Never Saw Trump Behave Inappropriately

1 day ago

Pew: US Immigrant Population Declines for First Time in Nearly 60 Years

1 day ago

Powell, Citing Jobs Risk, Opens Door to Cuts but Doesn’t Commit

1 day ago

FBI Agents Search Ex-Trump Adviser Bolton’s Home, Source Says

1 day ago

Gaza City Officially in Famine, With Hunger Spreading, Says Global Hunger Monitor

1 day ago

Gavin Newsom’s Redistricting Plan Is on Its Way to Voters. What You Need to Know

2 days ago
'All We Do is Win' — Tower Theatre Goes 2-0 in Court This Week
David Taub Website photo 2024
By David Taub, Senior Reporter
Published 4 years ago on
July 9, 2021

Share

The Tower Theatre scored two wins in court this week that could pave the way for a sale to Adventure Church and keep the city out.

In a tentative ruling, Judge D. Tyler Tharpe denied the city of Fresno’s request for entry to conduct an appraisal inside the theatre. Earlier this week, in a separate case Judge Rosemary McGuire ruled favorably for Tower Theatre, eliminating a legal document that essentially halted a sale.

The theater struck a preliminary sale deal with Adventure Church in September 2020. When the deal became closer to finalization by December and became public shortly thereafter, community groups objected. A tenant on the Tower Theatre property, Sequoia Brewing Company, sued on grounds that the sale violated their lease.

The exact status of the theater’s sale to the church is unknown. In a Facebook post, Pastor Anthony Flores said Adventure Church still intends to purchase the building.

The church has held services there for a better part of the last year. They paused for a few months in January after protests by sale opponents began.

The protests, held on Sundays during the same time as church services are scheduled, have been held every week. Some participants object to the church on grounds that it violates zoning laws. Others protest their interpretation of the church’s views on LGBT issues.

City Denied Entry

In a ruling issued prior to Thursday’s scheduled hearing, Tharpe said the city did not properly notice the correct owner’s of the theater. The city served Tower Theatre Properties, Inc.

Court documents filed by the theater said the correct legal owner is Tower Theatre Productions.

“Before the entry order can be granted, the Petition will have to be further amended and at least the record property owner should be named and served,” Tharpe wrote in his tentative ruling.

Tharpe also had doubts over the reasoning the city stated for wanting to enter the property.

“The City has not presented sufficient evidence for the court to make these determinations,” Tharpe wrote.

There was no in-person hearing on Thursday. The ruling left open an option for the city to re-file. Court records show the city did file an amended complaint, listing “Tower Theater Production for the Performing Arts” as a respondent.

In court documents leading up to the request for entry, the city said it needs to appraise the theater to ensure it is being maintained as a historic property. That includes possibly taking the theater and its parking lot through eminent domain.

“The City’s court petition for the appraisal of Tower Theatre remains pending in court. The Court has issued a ruling setting forth the notice that the court has requested that the City give to the owner and tenants as well as a requirement that the City’s appraiser file a declaration with the Court. The City’s attorneys are providing that information as requested by the Court for a future court hearing date,” said Anthony Taylor, the attorney representing the city with the firm Aleshire & Wynder, LLP.

Messages for the city or the Tower Theatre were not returned.

Tower Defeats Sequoia in Another Case

On Wednesday, McGuire finalized her decision to expunge a lis pendens document. A lis pendens is a notification of pending legal action on a property that effectively placed a hold on any future sale. The judge also granted Tower Theatre’s attorney’s $4,589.95 in fees and costs.

A tenant of the Tower property, Sequoia Brewing Company did not properly serve notice for its request for the lis pendens, McGuire ruled — similar to the city’s failed case. She also cast doubt on Sequoia’s legal strategy that claims a right of first refusal to purchase its share of the Tower property it leases.

Sequoia’s lawsuit against Tower Theatre will continue on whether it should have the right to buy or be compensated if a sale is completed to another buyer. Attorneys for the various parties have submitted potential trial dates to the court.

The theater offered to sell the building Sequoia leases for $1.2 million. Sequoia has challenged the method used to determine that price by not disclosing the terms of the entire property’s sale to Adventure Church. McGuire was not moved by that argument.

“All we do is win,” Pastor Anthony Flores said in a video posted on Facebook. “Sequoia Brewing, you need to fall in line. We are trying to buy this property.”

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

Hegseth Authorizes Troops in DC to Carry Weapons

DON'T MISS

Texas, Florida Seek to Join Legal Challenge to Abortion Pill

DON'T MISS

Wrongly Deported Migrant Abrego Released, May Be Detained Again

DON'T MISS

Judge Blocks Trump From Withholding Funds From Los Angeles, Other Sanctuary Cities

DON'T MISS

Lyle Menendez Denied Parole After 35 Years in Prison for Parents’ Shotgun Murders

DON'T MISS

California Cities Lack Unified Response On Homeless Encampments

DON'T MISS

Trump Crime Crackdown Deploys Troops in Washington’s Safest Sites

DON'T MISS

California Voters Still Support High-Speed Rail, Even If It Never Gets Done

DON'T MISS

Turkish First Lady Urges Melania Trump to Speak out on Gaza

DON'T MISS

Fresno Crash Sends Car Into Building After Running Red Light

UP NEXT

Fresno City Gets Extension in Herndon 4-Story Apartment Case

UP NEXT

Atwater Prison Inmate Charged for Threatening to Kill Prosecutor’s Family

UP NEXT

Fresno Firefighters Contain Cambridge Avenue Blaze, No Injuries Reported

UP NEXT

With Major Heat Risk Forecast, This Is a Good Weekend to Stay Indoors in Fresno

UP NEXT

Remembering Ron McCary, Who Did It All for KMJ

UP NEXT

Community Shares Messages of Support for Joseph Castro While He Is in Hospice Care

UP NEXT

Fresno Hit-and-Run on Highway 168 Kills Motorcyclist, Victim Identified

UP NEXT

Feds Indict Retired Fresno Judge for Sexual Assault and Obstructing an Investigation

UP NEXT

LaVerne and Shirley Will Deliver Double the Joy for Their Adoptive Family

UP NEXT

Highway 99 Stop in Fresno Leads CHP to Big Marijuana Bust, DUI Arrest

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

Judge Blocks Trump From Withholding Funds From Los Angeles, Other Sanctuary Cities

9 hours ago

Lyle Menendez Denied Parole After 35 Years in Prison for Parents’ Shotgun Murders

9 hours ago

California Cities Lack Unified Response On Homeless Encampments

9 hours ago

Trump Crime Crackdown Deploys Troops in Washington’s Safest Sites

9 hours ago

California Voters Still Support High-Speed Rail, Even If It Never Gets Done

9 hours ago

Turkish First Lady Urges Melania Trump to Speak out on Gaza

9 hours ago

Fresno Crash Sends Car Into Building After Running Red Light

1 day ago

Fresno City Gets Extension in Herndon 4-Story Apartment Case

1 day ago

Atwater Prison Inmate Charged for Threatening to Kill Prosecutor’s Family

1 day ago

Multiple Passengers Are Killed After Bus Crashes in Western New York

1 day ago

Hegseth Authorizes Troops in DC to Carry Weapons

WASHINGTON — Defense Secretary Pete Hegseth has authorized National Guard troops deployed to Washington to bring their weapons with them on ...

7 hours ago

Soldiers with the 30th Armored Combat Brigade from the South Carolina National Guard at Union Station in Washington, Aug. 20, 2025. Defense Secretary Pete Hegseth has authorized National Guard troops deployed to Washington to bring their weapons with them on their mission. (Kenny Holston/The New York Times)
7 hours ago

Hegseth Authorizes Troops in DC to Carry Weapons

A patient prepares to take Mifepristone, the first pill in a medical abortion, at Alamo Women's Clinic in Carbondale, Illinois, U.S., April 9, 2024. (Reuters File)
8 hours ago

Texas, Florida Seek to Join Legal Challenge to Abortion Pill

Kilmar Abrego Garcia walks, after he has been released from the Putnam County Jail in Cookville, Tennessee, U.S., August 22, 2025. (Reuters/Seth Herald)
8 hours ago

Wrongly Deported Migrant Abrego Released, May Be Detained Again

U.S. flag and Judge gavel are seen in this illustration taken, August 6, 2024. (Reuters/Dado Ruvic/Illustration)
9 hours ago

Judge Blocks Trump From Withholding Funds From Los Angeles, Other Sanctuary Cities

Lyle Menendez attends his Board of Parole hearing online from the Richard J. Donovan Correctional Facility in San Diego, California, U.S., August 22, 2025, that could lead to freedom after decades in prison for the 1989 shotgun murders of his parents. The final decision will rest with the governor, who can either accept or reject the board's recommendation. California Department of Corrections and Rehabilitation/Handout via REUTERS
9 hours ago

Lyle Menendez Denied Parole After 35 Years in Prison for Parents’ Shotgun Murders

9 hours ago

California Cities Lack Unified Response On Homeless Encampments

Members of the Mississippi National Guard eat ice cream and boba tea on the National Mall after U.S. President Donald Trump deployed the National Guard and ordered an increased presence of federal law enforcement to assist in crime prevention, in Washington, D.C., U.S., August 21, 2025. (Reuters/Al Drago)
9 hours ago

Trump Crime Crackdown Deploys Troops in Washington’s Safest Sites

9 hours ago

California Voters Still Support High-Speed Rail, Even If It Never Gets Done

Search

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

Send this to a friend