Please ensure Javascript is enabled for purposes of website accessibility
'All We Do is Win' — Tower Theatre Goes 2-0 in Court This Week
gvw_david_taub
By David Taub, Senior Reporter
Published 3 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

Biden Backs House’s Aid Package for Ukraine, Israel While Speaker Johnson Battles to Retain Position

DON'T MISS

Hot Rod Willys: Driven to Bake the Perfect Chicago-Style Pizza

DON'T MISS

Local Leaders Must Put Their Shoulders Into Making Fresno ‘Education City USA’

DON'T MISS

EdSource Welcomes Fresno News Veteran Jim Boren to Its Board

DON'T MISS

Senate Dismissed Two Articles of Impeachment, Ending Trial on Mayorkas

DON'T MISS

Netanyahu Dismisses Calls for Restraint, Says Israel Will Decide Iran Attack Response

DON'T MISS

New Study Calculates Climate Change’s Economic Bite Will Hit About $38 Trillion a Year by 2049

DON'T MISS

Biden Pledges to Block Japanese Takeover of US Steel and Promises Tariffs on Chinese Steel

DON'T MISS

Don Arax Talks About His New Football Job at Visalia’s Central Valley Christian

DON'T MISS

Dem House Challengers Salas, Gray Flex Fundraising Muscle

UP NEXT

State Will Monitor Crop-Rich Kings County Region to Preserve Groundwater

UP NEXT

Acquisition of Historic Fresno Real Estate Brand Creates Area’s Largest Brokerage

UP NEXT

Clovis Armed Robbery and Pursuit Result in 3 Arrests, 1 Suspect Still at Large

UP NEXT

Fresno Fire and Police Ramp up Probe Into Fires at Cemeteries

UP NEXT

Which Fresno Restaurants Are Best? The Pros Picked These Places.

UP NEXT

Fresno-Madera United Way Launches National Search for New CEO

UP NEXT

This Week’s Weather Will Take Us from Fleece to Flip-Flops

UP NEXT

Alton Brown Wants to Find Good Eats in Fresno

UP NEXT

Merced Supervisors Accused of ‘Triple Crown Race’ of Failures Amid Talk of Closing Fire Stations

UP NEXT

Walberg Era Begins With a Charge to ‘Revolutionize’ Bulldogs Basketball

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

EdSource Welcomes Fresno News Veteran Jim Boren to Its Board

9 hours ago

Senate Dismissed Two Articles of Impeachment, Ending Trial on Mayorkas

10 hours ago

Netanyahu Dismisses Calls for Restraint, Says Israel Will Decide Iran Attack Response

10 hours ago

New Study Calculates Climate Change’s Economic Bite Will Hit About $38 Trillion a Year by 2049

11 hours ago

Biden Pledges to Block Japanese Takeover of US Steel and Promises Tariffs on Chinese Steel

11 hours ago

Don Arax Talks About His New Football Job at Visalia’s Central Valley Christian

11 hours ago

Dem House Challengers Salas, Gray Flex Fundraising Muscle

13 hours ago

Career-High Strike Outs for Ryan Weathers as Marlins Best Giants 6-3

13 hours ago

LeBron’s Lakers Top Pelicans in Play-in, Set up Playoff Rematch With Nuggets

13 hours ago

Storm Dumps Record Rain and Floods Dubai’s Airport

13 hours ago

Biden Backs House’s Aid Package for Ukraine, Israel While Speaker Johnson Battles to Retain Position

WASHINGTON — President Joe Biden said Wednesday that he strongly supports a proposal from House Speaker Mike Johnson to provide aid to Ukrai...

8 hours ago

8 hours ago

Biden Backs House’s Aid Package for Ukraine, Israel While Speaker Johnson Battles to Retain Position

8 hours ago

Hot Rod Willys: Driven to Bake the Perfect Chicago-Style Pizza

9 hours ago

Local Leaders Must Put Their Shoulders Into Making Fresno ‘Education City USA’

9 hours ago

EdSource Welcomes Fresno News Veteran Jim Boren to Its Board

10 hours ago

Senate Dismissed Two Articles of Impeachment, Ending Trial on Mayorkas

10 hours ago

Netanyahu Dismisses Calls for Restraint, Says Israel Will Decide Iran Attack Response

11 hours ago

New Study Calculates Climate Change’s Economic Bite Will Hit About $38 Trillion a Year by 2049

11 hours ago

Biden Pledges to Block Japanese Takeover of US Steel and Promises Tariffs on Chinese Steel

MENU

CONNECT WITH US

Search

Send this to a friend