The owner of Club One Casino and operator of Granite Park Sports Complex are neighbors in central Fresno, but are going to court over parking.

Frustrated over events at the sports complex spilling over to his spaces, GPP II, LLC — the company that owns the Granite Park parking spaces — filed a lawsuit in June against the complex’s operator Central Valley Community Sports Foundation, and the city over the parking issue. GPP charges CVCSF with trespassing.

Club One Casino is a tenant of GPP. Both companies are run by Kyle Kirkland.

On Tuesday, GPP is asking Judge Kristi Culver Kapetan to issue a preliminary injunction against the sports complex, preventing the nonprofit from using GPP’s parking spaces.

The sports complex at Granite Park is a city-owned facility, but operated under a long-term contract by nonprofit CVCSF — headed by Fresno developer Terance Frazier.

“I feel very strongly about our property rights and what we have. And the problem that we have as a next door neighbor that doesn’t want to be respectful of our property rights. It’s unfortunate we have to take the action to do that. It’s a frustrating situation, but I believe it’ll get resolved,” Kirkland told GV Wire.

Kirkland is the president and CEO of Club One, which moved to Granite Park a few years ago — taking over a building that housed several failed businesses.

Frazier is known for his land development business, and also operating the CVCSF.

Frazier and Kirkland and well-known businessmen in town. Both have political ties and make campaign contributions. Kirkland ran unsuccessfully for Congress this past year; Frazier is married to Fresno Assemblymember Esmeralda Soria.

Who Owns the Parking Lot?

The main legal question regarding the injunction and lawsuit, is who really owns the rights to the parking spaces. Both sides are pointing to various contracts and deals, dating back to 2002, that grants them the right to the parking.

In court filings, CVCSF said in 2020, the city “without the consent or approval of CVCSF” signed a deal with GPP’s predecessor for the right to operate the parking spaces. That deal gave the sports complex a right to use 142 of the approximate 900 spaces.  After too many events that took up too many spaces, GPP terminated the agreement in July.

“It is unfortunate that Club One Casino and the city of Fresno are attempting to put Granite Park out of business by removing parking and altering our rights without our consent,” Frazier told GV Wire.

Granite Park often hosts other non-sports events, such as concerts, or the Big Bounce America event (an attraction featuring several super-sized bounce houses).

“Every time we throw an event, that is the biggest moneymaker for all the tenants in the area,” Frazier said.

Kirkland said CVCSF needs to have approval for special events like concerts.

“It’s frustrating that Granite Park will hold event, swarm the parking lot, and then we’re the ones left with cleaning up all the trash and enforcing everything. It’s ridiculous,” Kirkland said.

Kurt Vote, attorney for CVCSF, said its agreement with the city already gives them permission for 18 special events a year.

“I think the record is clear that the foundation does let the casino know when there will be events and tries to coordinate access. The problem is that the casino and Mr. Kirkland think that they can dictate what everyone else does. And that’s not the that’s not their right to do that,” Vote said.

City Is Back in the Parking Lawsuit

GPP initially included the city of Fresno as a defendant when it filed its lawsuit in June. When filing an amended complaint in July, it removed the city.

Kirkland said that once GPP terminated its parking contract with CVCSF, the city was no longer involved.

On Sept. 17, however, CVCSF filed a counter lawsuit against Club One, the city of Fresno, and several other defendants.

The litigation between GPP and CVCSF parallels legal troubles between the foundation and the city of Fresno.

The city wrote a letter to CVCSF on May 17, notifying them of violations of the parking agreement.

“The unauthorized use of the Parking Tract by CVCSF for soccer leagues and unapproved events, including the recent Michefest and Big Bounce America events, has created a serious ongoing safety and security hazard,” Fresno City Manager Georgeanne White’s letter said.

CVCSF wrote a response letter to the city in August, denying it is breaking its parking agreement. It also disagreed with several other allegations the city made about violating its 2015 operating lease — including not paying for rent and utilities, and not sharing billboard revenue.

The city initially granted GV Wire an interview with White to discuss the back-and-forth letters. However, when CVCSF filed its counter-lawsuit naming the city a cross-defendant, the city declined an interview.

Bad Neighbor?

Kirkland recognizes that Frazier helped rehabilitate Granite Park in 2015. Before, the sports complex was abandoned and an eyesore.

By the same token, Kirkland said he fixed an abandoned building as well, when Club One moved in.

“We all need to be, you know, good neighbors,” Kirkland said.

Vote said the foundation is in the right.

“Who’s the bad neighbor and who has what right is what the court’s going to decide. And the first step in that process will be next Tuesday,” Vote said.

Kirkland says there are enough spaces to accommodate everyone.

“That means that it has to be used respectfully … you bear your proportionate responsibility of cost, of maintenance, of safety. And frankly, they just didn’t do that,” Kirkland said. “We need respectful use of our parking lot. And they haven’t shown a willingness to do that.”

Vote would like an agreement, too, but not what Kirkland is proposing.

“The casino has taken the position that it’s take it or leave it, our way or the highway. And the foundation is not in a position to agree to that,” Vote said.

Other businesses in Granite Park are siding with Frazier.

Manny Perales, owner of Yosemite Falls Café at Granite Park, said the “friction between Club One and Granite Park … really bothers me.”

Perales tried to mediate, to no avail. His son sent an open letter, supporting Frazier and CVCSF.

“Do we sound like a bad neighbor?” Frazier said to GV Wire via text. “The truth will come out in court.”

‘A Threat to Public Safety’? Hiring Goons?

Club One said that a March event — the Big Bounce America  — as “an example of the threat to public safety.” It alleges the sports complex never attained the proper city approvals, nor provided proper security, directions or enforcement for more than 700 automobiles.

Another event, the Sun Kissed Summer Festival in June, also created ill will between the parties. Club One said CVCSF failed to provide adequate security, causing traffic congestion, and blocking access to other Granite Park businesses.

Kirkland, in his court declarations, claims Frazier posted on social media “they are hiring security to block me from using parking. I’m going to hire goons to enforce my lease agreement. It’s going to go down.”

“Frazier, the Chief Executive Officer of CVCSF, went to social media threatening to use force to gain access to the Parking Tract,” Kirkland wrote in a court declaration.

Frazier clarified to GV Wire his post was about the company’s name, Goon Squad Personal Security Services, which he considered hiring.

Kirkland had his doubts.

“That sounds a little suspect to me,” Kirkland said.

GV Wire could not find contact information for Goon Squad Personal Security Services.