A Fresno judge sided with the nonprofit operator of the Granite Park sports complex, throwing out an eviction lawsuit from the city of Fresno on Tuesday.

Fresno County Superior Court Judge Robert Whalen sustained a demurrer for the Central Valley Community Sports Foundation. He agreed with the argument that the lawsuit had a technical defect.

“It was a little scary at first, but I think we’re going in the right direction. I’m very happy with the judgment today,” CVCSF President Terance Frazier said after the ruling.

However, the procedural victory may be short-lived.

Whalen will allow the city to re-file its eviction notice, which a city official said would happen today.

“Today’s ruling is merely a procedural hurdle and does not address the material breaches of the lease by the Foundation,” City Manager Georgeanne White said.

White said the city will file a full eviction lawsuit “unless he or his lender cure the multiple defaults.”

Related Story: Will Terance Frazier’s Nonprofit Exit Granite Park? ‘Hell No’ ...

Whalen’s Ruling

The city’s three-day notice to evict, executed on Wednesday, Nov. 6, 2024, would have expired on a Saturday. Whalen agreed with CVCSF attorney Paul Armo’s argument that the law does not allow an eviction notice to expire on a Saturday.

The city claims CVCSF broke its 2015 lease by not paying it yearly rent of $62,500 a year, was delinquent on utility bills, and failed to share revenue from a digital billboard. Frazier claims the rent is offset by improvements made to the park. He also said the city is now late on paying its $150,000 obligation of a yearly subsidy to the foundation.

Frazier said activities will continue at the park, including youth baseball and soccer tournaments this week.

“We go back to work. We go back to serving kids in our community, keeping the park open, which is what we want to do for our community and keeping kids playing,” Frazier said.