Terance Frazier and Kyle Kirkland rode down in the same elevator from Judge Jonathan Skiles’ fourth floor courtroom at the B.F. Sisk Courthouse in downtown Fresno on Tuesday.

They did not make eye contact, but their attorneys were cordial to each other. Just minutes earlier, Fresno County Superior Court Judge Skiles denied Kirkland’s request for a preliminary injunction that would deny patrons of the sports complex at Granite Park to use the parking lot at Club One Casino.

Kirkland exited the courthouse first, while Frazier and his attorney Kurt Vote waited in the lobby. Once Kirkland finished speaking with GV Wire and left, Frazier and company exited.

GPP II, LLC, a company controlled by Kirkland and associated with Club One Casino, sued Central Valley Community Sports Foundation — with Frazier as its president — over the use of the parking lot by Kirkland’s casino. The neighbors have not been able to get along.

Granite Park, on Cedar Avenue south of Ashlan Avenue, houses the city-owned sports complex — operated by CVCSF through a lease — several restaurants, business offices, and the casino. The facility has approximately 875 parking spaces.

Being a Good Neighbor Is a ‘Two-Way Street’

“Plaintiff has made no showing whatsoever of irreparable harm,” Skiles said in a tentative ruling on Monday.

Kirkland’s attorney, Charles Doerksen made the argument in person on Tuesday, hoping to change Skiles’ mind but to no avail.

“Obviously, this is disappointing. I think we’ve got a pretty clear standing that, you know, it’s our parking lot and it’s being misused,” Kirkland told GV Wire after the hearing. “It’s just unfortunate how the other side’s misrepresenting what they’ve got. But we very clearly have property rights.”

Vote, speaking for his client Frazier, favored the ruling.

“We’re happy, of course, that the judge took a look at the issue and found in our favor. But look, being a good neighbor is a two-way street. And that’s what we want to be,” Vote said.

Skiles’ ruling provided an answer to the immediate question of access. The longer term question of who can use which parking spaces will likely be answered in court early next year.

Frazier Committed to Running Sports Complex

In the past, Frazier expressed his frustration publicly about operating the sports complex without more city support. But, he said he is committed.

He believes he can run the park better than the city, even though he says he is losing money doing so.

“I thought about my purpose in life. I don’t think there’s ever been a time where I felt like I should give it back. I think kids need a place to play. The community enjoys the park. I enjoy going out there, listen to the kids having a great time,” Frazier said.

“I understand you want to run a business, but we are talking about a casino over parks. Come on. We’ve got to do better as humans,” Frazier said.

Different Views on a Settlement

CVCSF, through court documents, believe they have the right to park in GPP II’s spaces. GPP II argues the opposite.

GPP II cited several instances of overflow events at the sports complex that caused harm, including a woman assaulted in a parking lot at an event earlier this year.

The sports complex, in addition to hosting youth sporting events, also promotes concerts and giant bounce house events.

Kirkland has doubts if the a settlement is likely.

“I don’t see it. I don’t see resolution. I mean, the reality is you’re going to settle with your neighbor because he’s just parking in your parking lot and he gives you the finger? I’m not,” Kirkland said.

Vote is willing to settle.

“We’d like to make a deal with the casino that makes sense for everybody, that provides for these events, that provides for their events, and that puts people in the stands. That’s all we’ve ever wanted,” Vote said. “There’s always a chance for a settlement and hopefully reasonable minds will prevail.

Could Businessmen Be Friends?

Frazier is known as a busy Fresno developer. Kirkland is known for the casino. Both are also known for their philanthropy and political ties.

But, can they be friends?

“I think it’s it’s unfortunate. We started off wanting to be supportive of (Frazier). And we’ve said repeatedly that we want to support events at the at the park. And we think there’s enough parking for everyone. But fundamentally, it’s our parking. We own it and it will be on our terms with concern for public safety,” Kirkland said.

On this issue, Frazier agrees.

“I think it’s very difficult to try to form a friendship when you feel like someone is attacking kids. And it’s very personal to me. So I think there could be a business relationship, and I think those are always fine. I don’t think you have to be friends with everyone,” Frazier said.

Full Lawsuit Moves Forward as City Involved

The hearing was just about the preliminary injunction. A full lawsuit will decide who controls the parking.

While GPP II is the plaintiff, CVCSF filed a countersuit that also named the city of Fresno as a cross-defendant. The case returns to court Jan. 15.

The city and CVCSF have exchanged several letters since May. The city accused the nonprofit of breaking its 2015 lease by among other things not paying utility and water bills, and not sharing revenues from the billboards overlooking Highway 168.

CVCSF, in response letters, disagreed.

“It is obvious that whoever drafted your letter for you did not bother to even read the lease, nor attempt to reconcile the various provisions of the lease,” the Aug. 12 CVCSF response said.